BULLIS v. SCHMIDT


5 Wis.2d 457 (1958)

BULLIS and wife, Respondents, v. SCHMIDT and wife, Appellants.

Supreme Court of Wisconsin.

December 2, 1958.


Attorney(s) appearing for the Case

For the appellants there was a brief by Ebert, Kuswa & Ebert, attorneys, and Lawrence Jay Ebert of counsel, all of Milwaukee, and oral argument by Lawrence Jay Ebert.

For the respondents there was a brief and oral argument by Robert B. Ells of Milwaukee.


CURRIE, J.

The plaintiffs ground their cause of action for breach of the covenant against incumbrances upon the alleged existence of an implied easement, to maintain the underground sewer and water pipes across the plaintiffs' premises, which easement runs for the benefit of the adjoining property to the east.

The subject of implied easements is well discussed in 2 American Law of Property, pp. 255-263, secs. 8.31-8.43; 1 Thompson, Real Property (perm. ed...

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