Sizer v. Quinlan
Wisconsin Supreme Court
APPEAL from the Circuit Court for Fond du Lao County. The plaintiff, Sizer, is the owner of a tract of land on section 2, containing about seventeen acres, and also of forty acres of land on section 1, about ninety rods east of the former tract.
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APPEAL from the Circuit Court for Fond du Lao County. The plaintiff, Sizer, is the owner of a tract of land on section 2, containing about seventeen acres, and also of forty acres of land on section 1, about ninety rods east of the former tract. The defendant owns a tract of land ■lying immediately between the plaintiff’s two tracts, and both parties derived title from the same common grantor, who, in conveying to the defendant, Quinlan, reserved “ a reasonable right of way across the land ” so conveyed, between the tracts retained by him and now owned by the plaintiff. These tracts the said…
1Opinion of the CourtPinney, J.
The right of way reserved by the defendant’s grantor, and afterwards conveyed by him to the plaintiff with the lands to which it was appurtenant, created a mere easement. The language of the deed reserving it is “ a reasonable right of way,” and the common grantor of both parties conveyed it subsequently with the lands to which it was appurtenant as “ the right of way across P. Quinlan’s land.” The plaintiff thus became the owner of the dominant estate for the benefit of which the easement existed, and the defendant’s was the servient estate, burdened with the easement in question.
It is…
2Cases cited3 opinions
- Bakeman v. . TalbotNew York Court of Appeals · 1865
- Brill v. . BrillNew York Court of Appeals · 1888
- Baker v. FrickCourt of Appeals of Maryland · 1876
3Cited by10 opinions
- Beetschen v. Shell Pipe Line CorporationSupreme Court of Missouri · 1952
- Doan v. AllgoodIllinois Supreme Court · 1923
- Pioneer Irrigation District v. SmithIdaho Supreme Court · 1930
- Willing v. BookerSupreme Court of Virginia · 1933
- Dyer v. WalkerWisconsin Supreme Court · 1898
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