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SCHIMMEL v. DUNDON

1 Wis.2d 98 (1957)

SCHIMMEL and wife, Respondents, vs. DUNDON and wife, Appellants.

Supreme Court of Wisconsin.

May 7, 1957.

Attorney(s) appearing for the Case

For the appellants there were briefs by Kenneth K. Port of Wauwatosa, attorney, and Frederick & Mantyh of Milwaukee of counsel, and oral argument by Mr. Port and Mr. William J. Mantyh.

For the respondents there was a brief by R. J. Schimmel, attorney, and Arthur J. Schmid and Arthur J. Schmid, Jr., of counsel, all of Milwaukee, and oral argument by Mr. Schimmel and Mr. Schmid, Jr.

WINGERT, J.

We are obliged to reverse the judgment because of plaintiffs' failure to establish their own title to the disputed strip of land.

The action is one to quiet title, and therefore plaintiffs must prove that they have title to the tract in suit. They cannot prevail on the mere weakness of defendants' title. State v. Gether Co. 203 Wis. 311, 315, 234 N. W. 331; Kidder v. Pueschner, 211 Wis. 19, 22, 247 N. W. 315.

Defendants' deed...

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