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SMILJANIC v. NIEDERMEYER

No. 2006AP3083.

737 N.W.2d 436 (2007)

2007 WI App 182

Douglas D. SMILJANIC, Plaintiff-Appellant, v. Scott NIEDERMEYER, Susan Niedermeyer, James R. Haasch, Diane Finger Haasch, James W. Schlesing, Donna L. Connely, Robert Aubry, Linda Aubry, Barbara J. Mathison, Brian Well, Julie Well, Steven Wallace, Shelley Wallace, Michael Dejong, Julie Dejong, Scott Kraemer and Terese Kraemer, Defendants-Respondents.

Court of Appeals of Wisconsin.

Opinion Filed June 7, 2007.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of J. Bushnell Nielsen and Rebecca Leair of Reinhart Boerner Van Deuren S.C., Waukesha.

On behalf of the defendants-respondents, the cause was submitted on the brief of James W. Hammes of Cramer, Multhauf & Hammes, LLP, Waukesha.

Before VERGERONT, HIGGINBOTHAM and BRIDGE, JJ.

¶ 1 VERGERONT, J.

This appeal concerns a dispute over the effect of a recorded affidavit of the sellers' broker that averred the sellers had intended to convey an easement not reflected in the recorded deed. The circuit court concluded that the affidavit, recorded in 1955, was not a valid means of conveying the easement or correcting the deed. The court therefore granted summary judgment against Douglas Smiljanic,...

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