Home/Wisconsin Supreme Court/Laabs v. Bolger

Laabs v. Bolger

130 N.W.2d 270, 25 Wis. 2d 17, 1964 Wisc. LEXIS 538
CourtWisconsin Supreme Court
DecidedSeptember 29, 1964
StatusPublished
Cited by4 cases

This text of 130 N.W.2d 270 (Laabs v. Bolger) is published on Counsel Stack Legal Research, covering Wisconsin Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Laabs v. Bolger, 130 N.W.2d 270, 25 Wis. 2d 17, 1964 Wisc. LEXIS 538 (Wis. 1964).

Opinion

Currie, C. J.

While other issues are raised by the parties, we deem it sufficient for the purpose of this appeal to confine this opinion to two issues:

(1) Are the findings of fact of the trial court with respect to defendants’ acts of adverse possession against the great weight and clear preponderance of the evidence?

(2) If such findings are not against the great weight and clear preponderance of the evidence, are such findings sufficient to support the judgment adjudicating title in the disputed parcel in defendants ?

There is printed herein a detailed drawing which depicts the disputed area with relation to Minocqua lake, the town road, the buildings and private driveways located on both the plaintiffs’ and defendants’ adjoining properties. The disputed area is that lying within the letters “A,” “B,” “C,” and “D.” The aforementioned tree line coincides with the line C-D. Defendants are record owners of a parcel of land 150 feet in width from north to south which is bordered on the west by the town road and on the east by the lake; the southern boundary of the record parcel is 85 feet north of, and parallel to, the south line of government lot 1, section 15, township 39 north, range 6 east. When the defendants obtained title to, and entered into possession of, their property about April 21, 1941, there was a summer home or cottage located thereon, but to the north of the disputed parcel. In 1943 plaintiffs acquired title to lands lying immediately to the south and north of defendants’ tract. The buildings and private driveway on the defendants’ land adjoining the disputed area were to the south of the tree line. While defendants, commencing in 1941, occupied their premises each summer, plaintiffs spent but a day or two each *21 year on theirs from 1943 until 1958. Since 1958 plaintiffs have made their permanent residence on their land.

*20

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Cite This Page — Counsel Stack

Bluebook (online)
130 N.W.2d 270, 25 Wis. 2d 17, 1964 Wisc. LEXIS 538, Counsel Stack Legal Research, https://law.counselstack.com/opinion/laabs-v-bolger-wis-1964.