State ex rel. Department of Transportation v. Tolke

Plaintiff Department of Transportation (State) appeals from a decree of the circuit court quieting title to certain real property in the defendant and his wife. This proceeding commenced as an action by the State for damages for trespass against defendant, in which the State alleged ownership in fee simple of described real property. Defendant filed an answer denying the State’s ownership of the land in question, and by way of a countersuit defendant claimed that he and his wife owned the land in question, and prayed that title be quieted in them. The trial court proceeded to try the case as…