Hillard v. Marshall

CARDINE, Justice, Retired.

This action concerns title to a nine-acre tract of land which was fenced in by the plaintiffs predecessor in interest. Earl Hil-lard (Hillard) appeals from the district court’s denial of his claim of title to the nine acres by virtue of adverse possession and quieting title in the defendants, Thomas and Barbara Dennison.

Hillard presents four issues for our consideration:

1. Did the District Court err by denying Appellant a presumption that Appellant’s possession of a nine (9) acre tract of land was adverse where Appellant actually occupied the tract under a mistaken…