Northwestern & Pacific Hypotheekbank v. Hobson

MORGAN and GIVENS, JJ.,

Dissenting. — Respondent’s right of adverse possession rests upon the period of use and occupancy by Blaylock, purchaser from Will Hobson, vendee of George Hobson, and Blaylock’s own testimony clearly and unequivocally shows he never claimed to hold adversely to either of the Hobsons:

“Q. Now, how did you acquire this property, who did you negotiate with?

“A. The right-of-way, you refer to?

“Q. Yes.

“A. Well, I supposed I was in an agreement to buy the right-of-way from Will Hobson, his brother, to George.

“Q. Who did you negotiate with or deal with about this right-of-way…