Marsh-Monsanto v. Clarenbach

Although the majority reverses the trial court’s declaratory judgment that the defendants were the rightful owners of Parcel 6-U Estate Carolina, it affirms the ruling that Marsh-Monsanto’s claim was time-barred because she first noticed bulldozers on the subject property in 1982, more than twenty years before she filed her lawsuit. Because this action should not have proceeded in the absence of the other registered owners of the property — Marsh-Monsanto’s siblings — I dissent.

1. The Marsh Heirs were Necessary Parties to the Lawsuit.

A March 21, 1982 partition deed exists by and between…