Flournoy v. Perkins

This cause is before us on Flour-noy’s appeal from a final judgment in a boundary dispute in which the trial court found that the Perkinses had adversely possessed the subject property under color of title because, inter alia, they or their predecessors in title had paid taxes on the property and had “been in actual, open and notorious possession of the subject property by virtue of their ordinary use of the property” since 1973. We find insufficient evidence in the record to support the quoted finding, and reverse and remand for further proceedings regarding the “ordinary use” of the subject…