Taggart v. Warner

• Decision Date: 27 September 1892
• Citation: 53 N.W. 33,83 Wis. 1
• Parties: TAGGART v. WARNER ET AL.
• Court: Wisconsin Supreme Court

83 Wis. 1

53 N.W. 33

TAGGART

v.WARNER ET AL.

Supreme Court of Wisconsin.

Sept. 27, 1892.

Appeal from circuit court, Waupaca county; CHARLES M. WEBB, Judge.

Action by Robert T. Taggart against James W. Warner and another to restrain defendants from interfering with plaintiff's right of passage over defendants' land. Defendants had judgment, and plaintiff appeals. Affirmed.

The other facts fully appear in the following statement by CASSODAY, J.:

The defendant James W. Warner is the owner of the S. E. 1/4, section 22, township 21, range 12 east, and herein designated as “A.” The only public highway touching said lands runs in a northeasterly and southwesterly direction across the northwest corner thereof. Adjoining the S. E. 1/4 of A, on the east, is the S. W. 1/4 of the S. W. 1/4 of section 23, and herein designated as “B,” owned by the plaintiff, who brings this equitable action to establish a right of way by necessity across from his said land to the public highway at the northwest corner of A. Upon the trial it was, in effect, found by the court, that Nelson A. Walker owned both of said tracts of land May 1, 1861; that November 21, 1866, he conveyed A by warranty deed, without any reservation, to George W. Taggart, Jr., and the same was recorded December 19, 1866; that April 21, 1868, George W. Taggart, Jr., conveyed said A, by warranty deed, without any reservation, to J. G. Stray, and the same was on the next day recorded; that April 8, 1875, said Stray and wife conveyed by warranty deed, without any reservation, said A to said Warner, and the same was recorded July 28, 1875; that July 11, 1883, said Walker conveyed, by warranty deed to White, said B; that December 7, 1869, said White and wife, by warranty deed, conveyed B to the plaintiff, Robert F. Taggart, and the same was recorded on that day; that the only public highway touching any part of either of said tracts of land is the one mentioned, and that does not touch B at all; that, at the time of the conveyance of A to Warner, he had no knowledge or information as to any right to cross said A or any part thereof; that since 1882 Warner has objected to the plaintiff crossing the same, and in 1889 prevented him from doing so; that the plaintiff can obtain access to B from the public highway, without crossing A; that an outlet from said B to the public highway, directly north therefrom, can be easily obtained, which will not exceed the distance of from 80 to 120 rods, and which would be as convenient to the plaintiff as to cross said A; that a way out from said B can also be obtained by going directly south therefrom, which would not exceed the...