Stenz v. Mahoney
Wisconsin Supreme Court
Appeal from an order of tbe circuit court for Ashland county: JohN K. Parish, Circuit Judge. On and prior to July 23, 1890, the defendants Nate and Michael Murray owned the west forty feet of the east sixty-five feet of lots 13, 14, and 15 in block 84 of Ellis’s division of Ashland.
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Appeal from an order of tbe circuit court for Ashland county: JohN K. Parish, Circuit Judge. On and prior to July 23, 1890, the defendants Nate and Michael Murray owned the west forty feet of the east sixty-five feet of lots 13, 14, and 15 in block 84 of Ellis’s division of Ashland. On the day last mentioned they executed a warranty deed of the west twenty feet of said land to the plaintiffs, which contained the following clause: “Together with the use of a stairway as the same now is constructed and used, and on and adjoining said property on the east side thereof, and to have free access…
1Opinion of the Court
©ARDebw, J.
Under no possible theory of the case are we able to see how plaintiffs are entitled to an easement in a stairway three feet wide entirely on defendant’s land. It must be assumed that the Murrays knew of the relative situation of the buildings at the time of their deed to plaintiffs. Such deed, after describing the tract conveyed, says, “together with the use of a stairway as the same is now constructed and used, and on and adjoining said property on the east side thereof, and to have free access and use of said stairway so long as the same shall there remain,” etc. Then follows an…
2Cases cited3 opinions
- Corning v. GouldNew York Supreme Court · 1837
- Dillman v. HoffmanWisconsin Supreme Court · 1875
- Duncan v. RodeckerWisconsin Supreme Court · 1895
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