Babo v. Bookbinder Financial Corporation

OPINION

HATHAWAY, Judge.

This an appeal from a summary judgment. The parties filed an agreed statement of facts which show as follows. The land in question is a strip 8' by 275' just west of appellants’ property. It was not a part of any of the original lots. Appellants purchased their lot, which did not include the contested strip, on September 19, 1966. They mowed weeds on the land in question and paved part of it. Two years later they built a wall enclosing the land.

Automotive Distributing Co. (Automotive) owned the land on the other side of the strip. It claimed the strip by adverse…