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WILCOX v. ESTATE OF HINES

No. 2012AP1869.

831 N.W.2d 791 (2013)

2013 WI App 68

Richard S. WILCOX and Susan K. Wilcox, Plaintiffs-Appellants, v. ESTATE OF Ralph HINES, Estate of William J. Newman and Lake Delton Holdings, LLC, Defendants-Respondents, Chicago Title Insurance Company, Defendant.

Court of Appeals of Wisconsin.

Opinion Filed April 11, 2013.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of Edward A. Corcoran of Neider & Boucher, S.C., Madison.

On behalf of the defendants-respondents, the cause was submitted on the brief of Richard L. Schmidt and James E. Bartzen of Boardman & Clark LLP, Madison.

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

LUNDSTEN, P.J.

¶ 1 This appeal involves Richard and Susan Wilcox's claim of title by adverse possession to a narrow strip of land separating their property from Lake Delton. The legal question we must resolve is whether the lack of subjective intent on the part of the Wilcoxes' predecessors in interest to claim title and the predecessors' use of the property with the permission of a non-owner, along with other clear indications that the predecessors believed...

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