Gibbons v. Lettow

At issue in this case is the right to possess a strip of land that lies between the parties’ properties. Plaintiffs, who hold title of record to the strip, brought an action for ejectment and damages. Defendants counterclaimed, seeking a declaration quieting title in their favor based on theories of adverse possession, boundary by agreement, and “mutual acquiescence.” The trial court found in favor of defendants on their theory of adverse possession. Plaintiffs appeal, arguing that defendants failed to prove by clear and convincing evidence the elements of adverse possession, in particular,…