222 Wis. 2d 413 - Keller v. Morfeld’s Empirical Analysis
1998
Citation profile
4
cited by 4 later decisions
1
states following
April 2013
most recently cited
4 state decisions
Relationships
Relies on 136 Wis. 2d 304 - Green Spring Farms v. Kersten · 128 Wis. 2d 508 - State Bank of La Crosse v. Elsen · Brinkman v. Jones · Burkhardt v. Smith · 9 Wis. 2d 506 - Shellow v. Hagen
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[A]n act is hostile in the context of an adverse-possession claim, when it is "inconsistent with the right of the owner and not done in subordination thereto." It is an intention to "usurp the possession" — to claim exclusive right to property which one possesses physically, but not by record title. To evince hostility in this sense, an adverse claimant must only do something which "clearly brings home to his [or her] neighbor the fact that he [or she] intends to claim the property against his [or her] neighbor and the world." "If the elements of open, notorious, continuous, and exclusive possession are satisfied, the law presumes the element of hostile intent."”
1 later decision quote this exact passage“refers to a possessor's actions, not a possessor's belief. In Keller , we repeated common language that seems to be directed at the subjective intent of a possessor, but we then explained, in effect, that hostility is measured by what a possessor does and what the appearance would be to the owner, not what the possessor thinks: [A]n act is hostile in the context of an adverse-possession claim, when it is”
1 later decision quote this exact passage“[Hostility is] an intention to 'usurp the possession' — to claim exclusive right to property which one possesses physically, but not by record title.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.