Webb v. Nowak
Annotate this CasePetitioners, the Webbs, believing they held title to a quarter-acre tract of land, contended that the land was part of three parcels they acquired in 2000. The land abutted and shared its western boundary with property owned by Respondents, the Nowaks, who claimed title to the disputed land. The parties' disagreement stemmed from conflicting interpretations of a 1928 recorded deed (the Wolf deed), which described a fence in a certain location as constituting the western boundary line of the property conveyed in the deed. The Nowaks asserted that an existing fence was the same fence described in the Wolf deed. The Webbs contended that their property extended beyond the existing fence and that the existing fence did not exist in 1928. The circuit court entered judgment for the Nowaks. The Court of Appeals affirmed, holding that the lower court did not clearly err in its factual determination as to the correct boundary line.
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