LEIMERT v. MCCANN

No. 75-469.

79 Wis.2d 289 (1977)

255 N.W.2d 526

LEIMERT, Plaintiff-Respondent, v. McCANN, Defendant-Appellant.

Supreme Court of Wisconsin.

Decided July 1, 1977.


Attorney(s) appearing for the Case

For the appellant the cause was submitted on the briefs of Nelson & Nelson of St. Paul, Minnesota.

For the respondent the cause was submitted on the brief of Doar, Drill, Norman & Bakke of New Richmond.


ROBERT W. HANSEN, J.

The primary challenge on this appeal is to the trial judge's factual finding of twenty years of adverse user and the concomitant conclusion of law that an easement by prescription had thus been established.

[1, 2]

However, before reaching this issue, we must first deal with the claim of estoppel by record. The doctrine of estoppel by record prevents a party from litigating again what was actually litigated or might...

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