Marky Investment, Inc. v. Arnezeder

Sub. (2) of sec. 263.15, Stats., expressly authorizes demurrers to cross complaints, and sub. (7) of sec. 263.06 states as one of the permissible grounds for demurrer “that the action was not commenced within the time limited by law.” Furthermore, it is proper to demur on this ground when it appears from the face of the pleading attacked that the opposing party has been in adverse possession of the subject real property for the limitation period. Gurr v. Gurr (1944), 198 Ga. 493, 32 S. E. (2d) 507; Humbert v. Trinity Church (1838), 7 Paige Ch. (N. Y.) 195, affirmed (1840), 24 Wend. (N. Y.)…