135 Wis. 388 | Wis. | 1908
As appears from the findings, the court below found all the facts necessary to establish the defendant’s-title by adverse possession, and found that the fence had always been maintained on the line where originally placed
It is claimed by counsel for respondent that this evidence was not competent; but we shall not stop to consider the objection or decide whether competent or not, because we are clear that the testimony was wholly insufficient, even if competent, to establish the claim. There is evidence that Farns-worth owned the property from 1880 to 1885 or a portion of that time, and that in October, 1885, he deeded it to Chris-tenson. _ There is evidence, also, that Christenson was in pos'session before 1885. Farnsworth’s testimony with reference to permissive use related to a period shortly after he purchased, and was to the effect that it was agreed that when the new fence was built it should be put on the true line. This testimony, therefore, related to a time prior to the rebuilding of the fence, because the evidence shows that the fence was
It is further insisted that the evidence of defendant to the effect that she never intended to claim more than up to the true line was sufficient to defeat her claim of title by adverse' possession. But that contention is fully met by the decisions-of this court. Ill. S. Co. v. Budzisz, 119 Wis. 580, 97 N. W. 166; Gilman v. Brown, 115 Wis. 1, 91 N. W. 227; Ill. S. Co. v. Bilot, 109 Wis. 419, 84 N. W. 855, 85 N. W. 402; Bishop v. Bleyer, 105 Wis. 330, 81 N. W. 413. We hold that the findings are supported by the evidence, and the-judgment must be affirmed.
By the Court. — The judgment of the court below is affirmed.