Meyer v. Law

287 So. 2d 37 (1973)

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Nature of the Case

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Facts

Ps owned land contiguous to the property of Ds. Relying upon an incorrect survey, Ds built and maintained a fence for twenty-five years, enclosing a portion of Ps' land, in the belief that it was part of their own. The deeds of record for both reflected the true boundary and both paid taxes according to their record titles. Ds thought the fence was on the true line, and Ps took no action to the contrary. Ps eventually sued Ds and the Court held that Ds had acquired valid title to the enclosed lands of Ps under 'color of title', although there was neither a decree nor a written instrument of any kind in the public records to show color of title in Ds, and although there had been no return of the encroached lands for taxes or payment thereof by Ds. The appeals court affirmed and the State Supreme Court granted certiorari.