Gurwit v. Kannatzer

788 S.W.2d 293 (1990)

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Nature of the Case

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Facts

P took possession of the property in 1963. P purchased land and the seller of that land, Mr. and Mrs. Orval Putnam, represented to P that the purchase included the land in dispute. The Putnams did not have record title to the 17-acre tract, and their deed to P did not include it in the description. The disputed 17-acre tract is rough, brushy, wooded land. There was no fence, monument, or any kind of demarcation marking the west line of the east half of the southeast quarter, which was the west line of the now-disputed tract. The land was uncultivated and was used not even for pasture. P believed Putman. P took possession of the 17-acre tract along with the land to the west thereof, and for the space of twenty years continued to possess it and exercise dominion over it. Ps posted 'no trespassing' and 'no hunting' signs along the road. They cut firewood on the tract, and gave friends permission to cut firewood thereon. P assisted over a period of years to clean up the downed trees and brush along the road, which had been left there when the road was widened before Ps purchased the land. P planted plots of food for wildlife on the tract, which included the disputed tract. In 1983, P learned their neighbors, the Gruenders (Ds), had record title to the tract as the tract had been included in Ds' tax bill. P went to the assessor's office and verified what D had told him. P instituted this quiet title action, and Ds counterclaimed, seeking to have the title to the 17-acre tract quieted in themselves. After 1983, Ps paid the taxes on the tract. The trial court gave the verdict to Ps, and Ds appealed.