F. A. Requarth Co. v. State

Both lower courts concluded that the fee simple title to the lands in question had remained in the Backus trustees, or their heirs, and that appellee obtained title to the properties by adverse possession. We agree with this resolution of the dispute and affirm the Court of Appeals’ judgment.

With respect to the realty consisting of the Basin Extension Canal, the state argues that the enactment of the special Act in 1849, as well as the occupancy and use by the state of the property as a canal, constituted an appropriation of the property pursuant to the terms of an act passed by the General…