Mizzell v. Ewell

ARNOLD, Judge.

Petitioners contend that the trial court committed reversible error by granting defendants’ motion for directed verdict of dismissal at the close of petitioners’ evidence. They argue that the evidence viewed in the light most favorable to their case would establish their claim of title by adverse possession. We cannot agree.

In order to establish title by adverse possession there must be actual possession with an intent to hold solely for the possessor to the exclusion of others. The claimant must exercise acts of dominion over the land in making the ordinary use and taking the…