90 Wis. 316 | Wis. | 1895
The evidence seems to fully sustain the? findings of fact made by the trial judge. It was clearly
The claim that the defendant owns the land to the bank of the mill race, by virtue of her title derived from Kimball,, cannot be maintained. The lands conveyed by this deed are described by distances and measurements from a certain lot in the recorded plat of the village of Waukesha, and not by monuments or natural objects. These measurements and distances do not reach or touch upon the ten-foot strip in question. The fact that a right of way is reserved across-the north end of the piece deeded, and that there is a provision that she must build and maintain an embankment thereon, does not extend the terms of the grant. There-is nothing in the deed which shows an intention to convey any greater amount of land than is specifically included in the distances and measurements. Nor does the evidence show any title acquired by the defendant by adverse possession. This being the case, the defendant’s fence was clearly an encroachment on the plaintiff’s right of way.
By the Court.— Judgment affirmed.