Roy v. Goerz

—Lester W. Roy 1 appeals a dismissal of his action against James W. Goerz; Roy claimed title by adverse possession to a strip of land between his and Goerz's property. The trial court, in a nonjury trial, granted Goerz's motion to dismiss at the close of plaintiff's case and thereafter entered findings of fact and conclusions of law. The sole issue on appeal is whether the trial judge ruled as a matter of fact or law.

The following facts were established at trial. In 1957, Willis Mondor bought the property now being purchased by Roy. At the time Mondor bought the land, a fence existed which…