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Property – reformation — mutual mistake — statute of limitations

By: WISCONSIN LAW JOURNAL STAFF//July 12, 2012//

Property – reformation — mutual mistake — statute of limitations

By: WISCONSIN LAW JOURNAL STAFF//July 12, 2012//

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Wisconsin Court of Appeals

Civil

Property – reformation — mutual mistake — statute of limitations

This case involving a property boundary line dispute resulted in a trial to the circuit court, after which the court entered judgment for reformation of a real estate warranty deed in favor of David and Karen Tyler. Neighboring property owner Jacqueline Schoenherr appeals that judgment.

Schoenherr argues that the circuit court erred in concluding that the Tylers’ complaint: (1) alleges a claim for reformation; (2) pleads mistake with sufficient particularity; and (3) is not barred by the six-year statute of limitations for “action on contract,” under Wis. Stat. § 893.43 (2009-10). In addition, Schoenherr argues that the court erred in finding at trial that the Tylers proved by clear and convincing evidence that there was a mutual mistake meriting reformation of the deed conveying real estate to the Tylers in 2000.

For the following reasons, we affirm the judgment. Not recommended for publication in the official reports.

2011AP2075 Tyler v. Schoenherr, et al.

Dist IV, Clark County, Flugaur, J., Blanchard, J.

Attorneys: For Appellant: Grunewald, William A., Medford; Wachsmuth, Bonnie, Owen; Kenny, Joshua M., Medford; For Respondent: Cornetta, Matthew J., Eau Claire

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