VIETH v. DORSCH


274 Wis. 17 (1956)

VIETH, Appellant, vs. DORSCH, Respondent.

Supreme Court of Wisconsin.

November 7, 1956.


Attorney(s) appearing for the Case

For the appellant there was a brief and oral argument by John A. Udovc of Milwaukee.

For the respondent there was a brief and oral argument by William P. McGovern of Milwaukee.


WINGERT, J.

Plaintiff's first contention on appeal is that defendant forfeited his easement over the west eight feet of her lot by asserting title by adverse user in his counterclaim. We cannot agree.

While the counterclaim is not altogether clear, it could be construed as asserting title by adverse user to the easement only, and not title to the land in fee. Whichever construction be correct, however, we do not consider that the making of such a claim in...

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