Madsen v. Holmes

The following issues are presented by this appeal:

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. Are the defendants entitled to the disputed parcel of land under a theory of estoppel?

Adverse possession.

Since the defendants are not asserting title founded upon a written instrument or a judgment or any color of title, their assertion of title by adverse possession is controlled by sec. 893.08, Stats., 1 and sec. 893.10 provides that such possession be for a period of at…