Mendoca v. Cities Service Oil Co.

236 N.E.2d 16 (1968)

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Nature of the Case

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Facts

P sued D to enjoin D from entering upon a strip of land which P claims to have acquired by adverse possession. P claimed adverse possession and had ample evidence to support that contention except for the fact that during a three-week period D reconstructed his gas station and used the disputed area for 3-4 weeks without protest from the then owner of P's land. The trial court found that P and their predecessors in title had actual open, continuous possession of the disputed area under a claim of right or title for a period of over twenty years. D appealed.