Menzner v. Tracy

(on motion for rehearing). The appellant’s principal contentions on the motion for rehearing are that the decision is contrary to two prior decisions of the court. One of these is that the opinion, which bases the decision on the fact of adverse possession by the plaintiffs up to a line accepted and acquiesced in by the parties as the boundary between adjacent properties, is contrary to Lake Geneva Beach Asso. v. Anderson, 246 Wis. 596, 18 N. W. (2d) 493. That this case is not in point appears from par. 2 of the syllabus which expressly excludes from the rule of the case as to boundaries…