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MARKY INVESTMENT v. ARNEZEDER

15 Wis.2d 74 (1961)

MARKY INVESTMENT, INC., Plaintiff and Respondent, v. ARNEZEDER and another, Defendants and Respondents: RAUSCHENBERGER and others, Defendants and Appellants.

Supreme Court of Wisconsin.

November 28, 1961.

Attorney(s) appearing for the Case

For the appellants there was a brief by Raskin, Zubrensky & Padden, attorneys, and Herbert S. Bratt of counsel, all of Milwaukee, and oral argument by Mr. Max Raskin and Mr. Bratt.

For the respondents there was a brief by Podell & Ugent, attorneys, and Ward Dunphy of counsel, all of Milwaukee, and oral argument by Mr. Alvin R. Ugent and Mr. Dunphy.

CURRIE, J.

Sub. (2) of sec. 263.15, Stats., expressly authorizes demurrers to cross complaints, and sub. (7) of sec. 263.06 states as one of the permissible grounds for demurrer "that the action was not commenced within the time limited by law." Furthermore, it is proper to demur on this ground when it appears from the face of the pleading attacked that the opposing party has been in adverse possession of the subject real property for the limitation period. Gurr...

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