Andrews v. Hastings

This is an action at law to recover possession of a triangular shaped tract of land within defendant’s inclosure. A jury was waived, the court found for defendant, and plaintiff appeals.

1. It is argued that, although defendant has occupied the premises for more than ten years next preceding the commencement of this action, his possession was not adverse to plaintiff’s title, but permissive, and therefore the statute of limitations is not a defense to this action. Plaintiff owns the southwest quarter and defendant the southeast quarter of section 24, township 6, range 2, in Fillmore county.…