Wiese v. Swersinske

The trial court in its memorandum opinion said in part:

“I am of the opinion that the plaintiff never did have adverse possession of this strip of land and that it had always been held under a deed and only claiming what the deed called for and that everybody thought the old fence was on the section line. So far as any evidence presented is concerned, that is the fact. The parties merely supposed the quarter-section line was where the old fence was and never beyond it and would, therefore, not be holding adverse but would be one of mistake as to where the line was.”

The trial court was in error…