Anderson v. Cold Spring Tungsten, Inc.

458 P.2d 756 (1969)

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Nature of the Case

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Facts

P holds the record title to the property in question. Doherty purchased a cabin located on P's property from the Boulder Rotary Club in 1930. Doherty made improvements and from 1930 until the time when this action was commenced in 1966, he and the members of his family including other Ds in this action have made use of the cabin by spending weekends there during the summer months and occasionally remaining for a month or longer. Ds kept the cabin in repair, posted it to warn off trespassers, and have kept the cabin door locked and the windows shuttered during periods of nonuse. They used land on both sides of the cabin for toilets and trash and garbage. Doherty has paid the real estate taxes for each year since his entry on the property. P sued to quiet title in 1966. Ds claimed ownership of the cabin and the land around it. The trial judge held that the continued use and occupation of the cabin did not amount to adverse possession of any of the property in dispute because it was not hostile as they had entered peaceably. Ds appealed.