95 Wis. 162 | Wis. | 1897
When this case was here before, the merits were not decided. 89 Wis. 164. Now, however, the question is fairly presented whether ejectrhent will lie. Both parties cite and rely upon McCourt v. Eckstein, 22 Wis. 157. In that case it appeared that some of the stones of defendant’s foundation wall projected eight inches over upon plaintiff’s land, and that the plaintiff erected his own building eight inches away from his line, thus leaving the eight-inch strip unoccupied. It was held, in effect, that the plaintiff might treat the encroachment as a disseisin, at his election, and if he had. so treated it, he might maintain ejectment; and it seems further to have been held that there was enough evidence in that case to carry to the jury the question whether the plaintiff had elected to treat the defendant’s act as a disseisin. In the present case there is, however, no
By the Oourt.— Judgment affirmed.