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RUTTER v. COPPER

No. 2012AP25.

824 N.W.2d 885 (2012)

344 Wis.2d 596

2012 WI App 128

Gary D. RUTTER and Jeanne M. Rutter, Plaintiffs-Respondents, v. Bonnie J. COPPER, James R. Copper, David Tower, Nancy Tower, Fred Tower and Beulah Tower, Defendants-Appellants.

Court of Appeals of Wisconsin.

Opinion Filed October 4, 2012.

Attorney(s) appearing for the Case

On behalf of the defendants-appellants, the cause was submitted on the brief of Ross A. Seymour of Seymour Law, La Crosse.

On behalf of the plaintiffs-respondents, the cause was submitted on the brief of David L. Jenkins of Jenkins and Stittleburg, Viroqua.

Before LUNDSTEN, P.J., HIGGINBOTHAM and KLOPPENBURG, JJ.

KLOPPENBURG, J.

¶ 1 This appeal concerns the proper application of Wis. Stat. § 885.16 (2009-10),1 commonly referred to as the "dead man's statute." The Towers2 appeal a circuit court judgment declaring that Gary D. Rutter and Jeanne M. Rutter possess a prescriptive easement on the Tower property. The Towers assert that the circuit court erred in its application of § 885.16. Specifically, the...

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