Connaway v. Walters

CROW, Presiding Judge.

Count I of the petition of plaintiff Joe A. Connaway against defendants Gilbert W. Walters and Bernice Walters averred that defendants maliciously caused an affidavit of adverse possession to be recorded regarding land owned by plaintiff, thereby placing a cloud on plaintiff’s title; Count I sought actual and punitive damages. Count III of plaintiff’s petition averred plaintiff could not develop or convey the land as long as the cloud existed; Count III prayed for an order commanding defendants to “release” the affidavit from the public records.1

The trial court heard the…