Buchanan v. Curtis
Wisconsin Supreme Court
APPEAL from tlie Circuit Court for Columbia County. Trespass guare clausum. Anfewer, biglxway. On tiie 6th of October, 1865, plaintiff owned a certain tract of land, of which the premises in dispute are a part. On the 9th of the same month he deeded an undivided half of said tract to one Bundy and one Gardner, and on the 16th of November following, they redeeded it to Mm, and he continued to own it until the commencement of this suit.
Read the full summary
APPEAL from tlie Circuit Court for Columbia County. Trespass guare clausum. Anfewer, biglxway. On tiie 6th of October, 1865, plaintiff owned a certain tract of land, of which the premises in dispute are a part. On the 9th of the same month he deeded an undivided half of said tract to one Bundy and one Gardner, and on the 16th of November following, they redeeded it to Mm, and he continued to own it until the commencement of this suit. During the period between October 9th, and November 16th, 1865, while plaintiff, Bundy and Gardner owned it in common, a portion of said tract was surveyed and…
1Opinion of the CourtDixoN, C. J.
This court is divided in opinion upon the question whether an acceptance by the officers of the town is necessary to constitute a highway by dedication. My brethren are of opinion that such acceptance is not necessary, but that travel by the public, to such an extent and for such a length of time as to show that the public convenience and accommodation require the road, is sufficient for that purpose. In support of this proposition they cite and rely upon the following authorities: Hanson v. Taylor, 23 Wis. 547 ; 21 N. Y. 474; 23 id. 64; 26 Barb. 634; 23 id. 123; 5 Bing. 477; [13 E. C. L.…
2Cases cited11 opinions
- Holdane v. . Trustees of the Village of Cold SpringNew York Court of Appeals · 1860
- Noyes v. WardSupreme Court of Connecticut · 1848
- Folsom v. Town of UnderhillSupreme Court of Vermont · 1864
- Green v. Town of CanaanSupreme Court of Connecticut · 1860
- The City of Oswego v. . the Oswego Canal CompanyNew York Court of Appeals · 1852
6 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- City of Cohoes v. President of the Delaware & Hudson Canal Co.New York Court of Appeals · 1892
- Riley v. BuchananCourt of Appeals of Kentucky · 1903
- Cemetery Ass'n v. MeningerSupreme Court of Kansas · 1875
- Price v. Inhabitants of BreckenridgeSupreme Court of Missouri · 1887
- Fischer v. LaackWisconsin Supreme Court · 1890
11 more not listed; retrieve them via the Exa API.