Frye v. Village of Highland
Wisconsin Supreme Court
Appeal from a judgment of the- circuit court for Iowa county: Gteoegb CleheNtsoN, Circuit Judge. Action for relief for obstructing an old traveled way which plaintiff claimed the right tó use. The action was in equity for a mandatory injunction requiring the removal of the alleged obstructions.
Read the full summary
Appeal from a judgment of the- circuit court for Iowa county: Gteoegb CleheNtsoN, Circuit Judge. Action for relief for obstructing an old traveled way which plaintiff claimed the right tó use. The action was in equity for a mandatory injunction requiring the removal of the alleged obstructions. Two grounds were alleged as the foundation of plaintiff’s claim: first, that she was the owner of- the right of way by adverse use for more than twenty years; second, that it was a public way in which she had a special interest. Plaintiff’s husband purchased the north twenty-two feet of lot 9 of the…
1Opinion of the CourtMaRshall, J.
We fail to discover in the record any support for the findings of fact, so called. They are so clearly wrong that it seems they must have been influenced by erroneous notions of principles of law applicable to the evidence. Respondent has the legal right to the use of an alley twenty-two feet wide on lot 8, bounded by the south side of said lot and reaching back more than 100 feet, acquired by adverse possession thereof for more than twenty years, according to the decision appealed from. Yet there is no evidence of any essential element of such possession. The true owner was never disseised,…
2Cases cited5 opinions
- Pettigrew v. Village of EvansvilleWisconsin Supreme Court · 1870
- Carmody v. MulrooneyWisconsin Supreme Court · 1894
- Wilkins v. NicolaiWisconsin Supreme Court · 1898
- Fryer v. WarneWisconsin Supreme Court · 1872
- Tupper v. HusonWisconsin Supreme Court · 1879
3Cited by4 opinions
- Neale v. StateWisconsin Supreme Court · 1909
- Illinois Steel Co. v. BudziszWisconsin Supreme Court · 1909
- Kieffer v. FoxWisconsin Supreme Court · 1927
- Tate v. JermanWisconsin Supreme Court · 1904