THORNTON v. LOISELLE


270 Wis. 1 (1955)

THORNTON and others, Respondents, vs. LOISELLE and wife, Appellants.

Supreme Court of Wisconsin.

May 3, 1955.


Attorney(s) appearing for the Case

For the appellants there was a brief by Ingolf E. Rasmus and John R. Frampton, both of Chippewa Falls, attorneys, and Bertie & Bettenburg of St. Paul, Minnesota, of counsel, and oral argument by Mr. Frampton.

For the respondents there was a brief by Stafford, Pfiffner & Stafford of Chippewa Falls, and oral argument by Robert F. Pfiffner.


STEINLE, J.

The burden of proof to establish the encroachment rested on the plaintiffs. After both sides had rested their case, the court rendered its decision wherein it said:

"I have changed both surveys, the one which Mr. Tilbury used and the one which Mr. Loken used, neither one of them I have held is correct. In other words, Mr. Loken's was located at exactly 132 feet. I have held it is not correct because of the shortage and the north line which I have...

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