Burkhardt v. Smith

The only question is whether the finding of the trial court that the defendant acquired ownership of parcel X8 by adverse possession is contrary to the great weight and clear preponderance of the evidence. Since Smith is not claiming title founded upon a written instrument or a judgment or any color of title, his claim of title by adverse possession must meet the call of sec. 330.10, Stats., which requires adverse possession for twenty years. To sustain such a claim, only the land actually occupied is considered to be held adversely, 1 and by sec. 330.09, Stats., land is deemed to have been…