Porter v. Posey

592 S.W.2d 844 (1979)

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Nature of the Case

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Facts

D purchased land from Kapp in October 1975. The .18 acres in dispute lies within the property described in the deed conveying Ms. Kapp's property to D. In July 1976 P purchased land which adjoined and bordered D's land on the east and south. The deed described property which the Engelmeyers had acquired in three parcels, in a period between June 1955, and January 1956, but this deed did not contain a description of the disputed .18 acres. Soon after the Engelmeyers had acquired the noted three parcels of land, they proceeded to clear the tract in dispute with a bulldozer and built and graveled a turnaround roadway on this tract. The Engelmeyers maintained and used the turnaround, and the land surrounding it until 1976, when they transferred their property to P. The Engelmeyers believed they owned the turnaround and the land upon which it was built. They maintained and used the turnaround and the land surrounding it. They used the site for volleyball games and overflow parking. Motorists occasionally used the turnaround to go back onto the highway. Mrs. Engelmeyer believed all along that their tax assessment included the .18-acre tract in question. D had this property surveyed prior to purchase and discovered the turnaround was within the property lines described in their deed. Prior to purchase P also discovered the tract in dispute was not within the land described in the Engelmeyers' deed. An attorney assured P that this omission in the Engelmeyers' deed would have no bearing on the transfer. On July 18, 1976, D confronted P, informed them he owned the tract in question and told them to stay off of his property. D installed a cable blocking access to the turnaround. P sued D to quiet title. The court vested title to the .18-acre tract in P and D appealed.