Goss v. Dunbar

ALTENBERND, Judge. .

Porter J. Goss and Mary R. Goss appeal the trial court’s final order declaring that Wallace H. Dunbar holds title to a small strip of land by adverse possession.1 We conclude that the trial court resolved this dispute under a theory of adverse possession by color of title that was not tried by the parties. Perhaps as a result of this fact, the trial court resolved the issue under an' incorrect burden of proof.' We conclude that the parties are entitled to retry the issue of adverse possession.

In 1891, S.B. Woodring received a homestead grant from the United States under…