Batz v. Woerpel
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Dane-county: R. G. Siebeceee, Circuit Judge. Tbis action was commenced in justice’s court August 4,. 1900, to recover $25 damages for trespassing upon tbe plaintiff’s land, described, and mutilating a shade tree tbereon, July 10, 1900. Tbe defendant, by way of answer, pleaded title to tbe locus in quo, tracing bis title by mesne conveyances from Henry Gilman, wbo owned tbe same May 4, 1870,. and alleged that tbe defendant, bis…
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Appeal from a judgment of tbe circuit court for Dane-county: R. G. Siebeceee, Circuit Judge. Tbis action was commenced in justice’s court August 4,. 1900, to recover $25 damages for trespassing upon tbe plaintiff’s land, described, and mutilating a shade tree tbereon, July 10, 1900. Tbe defendant, by way of answer, pleaded title to tbe locus in quo, tracing bis title by mesne conveyances from Henry Gilman, wbo owned tbe same May 4, 1870,. and alleged that tbe defendant, bis predecessors and grantors, beld and possessed tbe locus in quo for more than twenty years adversely to any other claim,…
1Opinion of the CourtCassoday, C. J.
Tbe finding to tte effect that tlie barbwire fence was constructed by the plaintiff in the summer of 1893 is not sustained by the evidence. On the contrary, the plaintiff’s son-in-law, Mr. Ruth, testified to the effect that he assisted in constructing that barb-wire fence in 1891, and that from 1888 to that time his garden came right up to where the barb-wire was then located; that he did not know that there wás any dispute for a long while, but had known it since August, 1900; that there was no fence to hinder the defendant from going in and out of his side door on the north of his house…
2Cases cited8 opinions
- Illinois Steel Co. v. BilotWisconsin Supreme Court · 1901
- Meyer v. HopeWisconsin Supreme Court · 1898
- Wollman v. RuehleWisconsin Supreme Court · 1899
- Wilkins v. NicolaiWisconsin Supreme Court · 1898
- Bishop v. BleyerWisconsin Supreme Court · 1900
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Illinois Steel Co. v. JekaWisconsin Supreme Court · 1905
- Illinois Steel Co. v. BudziszWisconsin Supreme Court · 1909
- Off v. HeinrichsWisconsin Supreme Court · 1905
- Krembs v. PagelWisconsin Supreme Court · 1933
- Hemmy v. DunnWisconsin Supreme Court · 1905
1 more not listed; retrieve them via the Exa API.