Malinowski v. Elliott

The evidence is undisputed that plaintiff had record title to the land on which the buildings were removed and sold by the school district. It is also undisputed that since 1878 the school district had occupied the land on which the schoolhouse was located. Not only did the school district occupy the lands for school purposes, but the area was fenced and the’fence was kept up until about six years ago. It was after the fence was down that cattle trespassed on the ground, but-at that time the title was firmly established in the school district by adverse possession.

Our court has held that the…