Meyers v. Canutt

(dissenting) — I respectfully dissent:

I agree plaintiff failed to establish title on the theory of adverse possession, but am unable to agree he is entitled to recover as an occupying claimant under chapter 560 of the Code. Hence, I would affirm the judgment of the trial court.

The only interest Sarah Jane Canutt ever had in the two lots was the one-third (dower) interest which she took upon the death of her first husband and which she subsequently conveyed to defendant John W. Canutt. It is not contended this conveyance did not include all of her undivided interest in the property. Nor did…