Moffitt v. Future Assurance Associates, Inc.

This controversy as to ownership of an irregular tract of land in Jefferson County referred to as “Cedar Bottom” or “Cedar Creek” tract came to a head in December 1961 when defendant Future Assurance Associates, Inc. brought action under section 471.4(4), Code, 1958, to condemn an access road to Cedar Bottom through the Hill and Bottom land of plaintiff Moffitt. Pursuant thereto the sheriff’s commission filed its report assessing damages to plaintiff at $1635 plus expenses.

Plaintiff appealed and filed his petition in five divisions, alleging: (1) Defendant does not own the land for which it…