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IVALIS v. CURTIS

No. 92-0212.

173 Wis.2d 751 (1993)

Theodore A. IVALIS, Plaintiff-Appellant-Cross-Respondent, v. William W. CURTIS, Elizabeth B. Curtis, Herbert Eggers, Sr., and Geraldine T. Eggers, Defendants-Third-Party Plaintiffs-Respondents-Cross-Respondents, v. Joseph L. HARDING, Third-Party Defendant-Respondent-Cross-Appellant.

Court of Appeals of Wisconsin.

Decided January 12, 1993.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant-cross-respondent, the cause was submitted on the briefs of and orally argued by Michael J. Dwyer of Machulak, Hutchinson, Robertson, Dwyer & O'Dess, S.C. of Milwaukee.

On behalf of the defendants-third-party plaintiffs-respondents-cross-respondents, the cause was submitted On the briefs of and orally argued by Neal A. Nielsen III of Nielsen & Nielsen of Eagle River.

On behalf of defendants-third-party plaintiffs-respondents-cross-respondents, the cause was submited on the briefs of and orally argued by Ralph W. Koopman of Eagle River.

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

LaROCQUE, J.

Theodore Ivalis appeals a judgment dismissing his action to recover possession of certain real estate, and granting William and Elizabeth Curtis and Herbert and Geraldine Eggers' (the defendants) counterclaim for all right, title and interest to the disputed land based upon ten years of adverse possession under color of title. The court also awarded the defendants reasonable attorney fees and expenses from Joseph Harding, a surveyor, for his negligent...

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