Hardin v. Council

1. Where the other elements of prescription are present, adverse possession of lands, commenced in good faith and continued for seven years, under written evidence of title, will give title by prescription.(a) "There may be no adverse possession against a cotenant until actual ouster, or exclusive possession after demand, or express notice of adverse possession; in any of which events the cotenant may sue at law for his possession." Code, § 85-1005.(b) A party claiming prescriptive title as against a cotenant has the burden of showing not only the usual elements of prescription, but, in…