Zander v. Valentine Blatz Brewing Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: I). H. Johnson, Circuit Judge. Ejectment to'recover fourteen inches of land. Plaintiff owns lot 2, block 57, in the Seventh ward, city of, Milwaukee. The defendant owns lot 1, immediately adjoining on the north. The north fourteen inches of lot 2 is in dispute.
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Appeal from a judgment of the circuit court for Milwaukee county: I). H. Johnson, Circuit Judge. Ejectment to'recover fourteen inches of land. Plaintiff owns lot 2, block 57, in the Seventh ward, city of, Milwaukee. The defendant owns lot 1, immediately adjoining on the north. The north fourteen inches of lot 2 is in dispute. The evidence showed that in 1891 the defendant erected a building on lot 1. In making the necessary excavations, the defendant excavated a few inches beyond the line, and put in a foundation, which, it appears, extended about fourteen inches across the line, and under…
1Opinion of the CourtWiNslow, J.
When this case was here before, the merits were not decided. 89 Wis. 164. Now, however, the question is fairly presented whether ejectrhent will lie. Both parties cite and rely upon McCourt v. Eckstein, 22 Wis. 157. In that case it appeared that some of the stones of defendant’s foundation wall projected eight inches over upon plaintiff’s land, and that the plaintiff erected his own building eight inches away from his line, thus leaving the eight-inch strip unoccupied. It was held, in effect, that the plaintiff might treat the encroachment as a disseisin, at his election, and if he had. so…
2Cases cited3 opinions
- McCourt v. EcksteinWisconsin Supreme Court · 1867
- Harrington v. City of Port HuronMichigan Supreme Court · 1891
- Zander v. Valentine Blatz Brewing Co.Wisconsin Supreme Court · 1895
3Cited by6 opinions
- Huber v. StarkWisconsin Supreme Court · 1905
- Peters v. ReichenbachWisconsin Supreme Court · 1902
- Rahn v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1899
- Fisher v. GoodmanWisconsin Supreme Court · 1931
- Rasch v. NothWisconsin Supreme Court · 1898
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