Hardt v. Eskam

Elizabeth and Donald Hardt filed suit to quiet title to river land. Hardts also sought damages for trespass by Eskams on the disputed tract. Eskams answered and counterclaimed for quiet title to the disputed tract. The district court found in favor of the Hardts. Eskams appeal and Hardts cross-appeal. We reverse and remand for dismissal.

As background, the parties by their pleadings have referred to the disputed tract as “Blackacre,” and for brevity we shall adopt that usage rather than the lengthy legal description for the disputed tract. Also, although the trial court decided adversely to…