Ohio Circuit Courts, 1898

Vanduzen v. Schraffenberger

Vanduzen v. Schraffenberger
Ohio Circuit Courts · Decided July 1, 1898
12 Ohio Cir. Dec. 718

Counsel

John 'Ai. Fitzgerald, for the plaintiff., Howard Douglass and George W. Harding, for the defendant.

Vanduzen v. Schraffenberger

Opinion of the Court

The. wall of defendant’s building on the west side of Broadway encroaches upon and overhangs the lot of the plaintiff from two to six inches, and the present suit for an injuncton and $2,000 damages was *719brought on that account. It was claimed by the plaintiff that adverse possession did not begin until knowledge of the encroachment was brought home to him, and so far as that part of the encroachment due to bulging is concerned, title could not be obtained by adverse possession. The defendant claimed by adverse possession, not by grantors, but upon his own part, tor more than twenty-one years before plaintiff acquired title to the lot upon which the encroachment extends. The common pleas court found for the defendant. The circuit court made the same holding and dismissed the petition.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.