Carter v. Malone

HOFFMAN, Justice.

Appellants Mr. and Mrs. J.C. Carter appeal an adverse possession judgment in favor of Edward and Dadine Malone. The trial court awarded the Malones a seven-foot wide strip of property on Lot 164 in Wolf's Second Addition to the City of Elk-hart. In 1970, the Malone family purchased Lot 163 and the one-story frame house on it. In 1971, the Malones built a garage which protruded onto Lot 164 by 1.2 feet. In 1981, the Carters purchased vacant Lot 164. In 1984, before measuring the lot, the Carters offered to purchase a four-foot strip of land from the Malones. The Malones…