Kimball v. Adams
Wisconsin Supreme Court
APPEAL from the Circuit Court for Portage County. On the 24th of July, 1879, the defendant Glmsky obtained title to forty acres of land upon which there was at the time a fence standing, near the line between that forty and the plaintiff’s land, and nearly parallel therewith.
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APPEAL from the Circuit Court for Portage County. On the 24th of July, 1879, the defendant Glmsky obtained title to forty acres of land upon which there was at the time a fence standing, near the line between that forty and the plaintiff’s land, and nearly parallel therewith. The fence was removed in November, 1879, by Glinsky, with the aid of the other defendants, and converted to other purposes; and thereupon this action was brought, in justice’s court, to recover the value of the fence, on the ground that it was built by plaintiff on what he supposed to be the line between his land and…
1Opinion of the Court
The following opinion was filed May 10, 1881:
Cassoday, J.
By the plea of title, the giving of the bond, and the filing of the proceedings and papers in the office of *556the clerk of the circuit court, that court became possessed of the cause and had the right to proceed therein the same as if it had been originally commenced in that court. Section 3622, R. S.
There is no pretense that the plaintiff built the fence under or in pursuance of any agreement for its removal, or that it should remain personal property. The building of a fence upon land 'as a permanent structure, in the absence of any…
2Cases cited5 opinions
- Crest v. JackSupreme Court of Pennsylvania · 1834
- Mitchell v. BillingsleySupreme Court of Alabama · 1850
- Huebschmann v. McHenryWisconsin Supreme Court · 1872
- Thayer v. WrightNew York Supreme Court · 1847
- Murray v. Van DerlynWisconsin Supreme Court · 1869
3Cited by21 opinions
- Steinkuehler v. WempnerIndiana Supreme Court · 1907
- In Re Estate of EmartCalifornia Supreme Court · 1917
- Drummond v. City of Eau ClaireWisconsin Supreme Court · 1893
- Nunley v. WillcuttMontana Supreme Court · 1954
- Honzik v. DelagliseWisconsin Supreme Court · 1886
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