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BURKHARDT v. SMITH

17 Wis.2d 132 (1962)

BURKHARDT and another, Appellants, v. SMITH and others, Respondents.

Supreme Court of Wisconsin.

June 5, 1962.

Attorney(s) appearing for the Case

For the appellants there was a brief by Wilcox & Sullivan of Eau Claire, and oral argument by Francis J. Wilcox.

For the respondents there was a brief by Pat H. Motley of Alma, and Fugina, Kostner & Ward of Arcadia, and oral argument by Mr. LaVern G. Kostner and Mr. Motley.

HALLOWS, J.

The only question is whether the finding of the trial court that the defendant acquired ownership of parcel X8 by adverse possession is contrary to the great weight and clear preponderance of the evidence. Since Smith is not claiming title founded upon a written instrument or a judgment or any color of title, his claim of title by adverse possession must meet the call of sec. 330.10, Stats., which requires adverse possession for twenty years. To sustain...

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