114 Wis. 117 | Wis. | 1902
Under no possible theory of the case are we able to see how plaintiffs are entitled to an easement in a stairway three feet wide entirely on defendant’s land. It must be assumed that the Murrays knew of the relative situation of the buildings at the time of their deed to plaintiffs. Such deed, after describing the tract conveyed, says, “together with the use of a stairway as the same is now constructed and used, and on and adjoining said property on the east side thereof, and to have free access and use of said stairway so long as the same shall there remain,” etc. Then follows an attempt to provide for a permanent easement for a stairway to be used
“Every privilege which one man claims in derogation of the fights of another is viewed with jealousy by the law, and it will require it to be confined to the prescribed limits and specified object of the grant.” Taylor v. Hampton, 4 McCord, 96.
By the Court. — The order appealed from is reversed, and the cause is remanded with directions to enter an order ■denying the temporary injunction prayed for, and for further proceedings according to law.