Kellar v. Earl
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Chippewa county: A. J. YiNje, Circuit Judge. This was an appeal from a judgment for $10 and costs, given.' in an action against the defendant for an alleged trespass in cutting down and removing portions of certain fences December 9, 1896, upon the lands of the plaintiff, to ivit, lot 8, section 15, town 28, range 9 "W., and which the defendant claimed were in a public highway in the town of Lafayette, in Chippewa county, in a…
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Appeal from a judgment of the circuit court for Chippewa county: A. J. YiNje, Circuit Judge. This was an appeal from a judgment for $10 and costs, given.' in an action against the defendant for an alleged trespass in cutting down and removing portions of certain fences December 9, 1896, upon the lands of the plaintiff, to ivit, lot 8, section 15, town 28, range 9 "W., and which the defendant claimed were in a public highway in the town of Lafayette, in Chippewa county, in a road district over which he was overseer. On behalf of the plaintiff evidence was given to the effect that on the 9th of…
1Opinion of the CourtPiuney, J.
The evidence was quite clear to the effect that the highway had been laid out over, upon, and through the inclosed and cultivated lands of thfe plaintiff, and that, he had maintained a fence from an early day, substantially continuously, along, west of, and quite near the said north and south line upon which the highway was laid out, and that he resisted and opposed all attempts to open said highway over his land; but Nelson, who owned the land east of said line, afterwards built or set his fence back from said line easterly in the neighborhood of about two rods. The result was that the…
2Cases cited4 opinions
- Bartlett v. BeardmoreWisconsin Supreme Court · 1890
- State ex rel. Evans v. JamesWisconsin Supreme Court · 1856
- State v. EgererWisconsin Supreme Court · 1882
- State v. ClarkWisconsin Supreme Court · 1886
3Cited by1 opinion
- Hoag v. BoehmerMichigan Supreme Court · 1910