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PERPIGNANI v. VONASEK

No. 84-2445.

129 Wis.2d 478 (1986)

386 N.W.2d 59

Marino PERPIGNANI, Plaintiff-Respondent, v. Thomas VONASEK, as personal representative of the Estate of Bernt S. Brekke, Deceased, and Helen C. Brekke, Defendants and Third-Party Plaintiffs-Respondents, David A. PIEPER and Arleen J. Pieper, His wife, Third-Party Defendants-Appellants, Helen RASMUSSEN, Third-Party Defendant-Co-Appellant, WASHBURN COUNTY ABSTRACT COMPANY, Third-Party Defendant.

Court of Appeals of Wisconsin.

Decided February 25, 1986.

Attorney(s) appearing for the Case

For the appellants there were briefs by Joe Thrasher and Weisel, Thrasher, Doyle & Pelish, Ltd., of Rice Lake.

For the co-appellant there was a brief by Hugh H. Gwin, Thomas A. Dahle and Gwin & Gwin of Hudson.

For the plaintiff-respondent there was a brief by Edward J. Coe and Coe, Dalrymple, Heathman & Arnold, S.C., of Rice Lake.

Before Cane, P.J., Dean and LaRocque, JJ.

LaROCQUE, J.

David and Arleen Pieper, Helen Rasmussen, Helen Brekke, and Thomas Vonasek1 appeal a judgment awarding Marino Perpignani ownership of relicted land2 and rejecting Brekke's claim of adverse possession under color of title. Although the trial court did not abuse its discretion in its choice of survey methods, we conclude that it failed to apply the appropriate burden of proof and presumption of adversity...

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