Linn Farms, Inc. v. Edlen

As Modified on Denial of Petition for Rehearing.

SMITH, J.

This is a suit to quiet title to land in Morgan County and to remove the claim of the defendants to its ownership as a cloud on plaintiff’s title. Defendants filed their affirmative answer asserting that they had acquired title to the precise property in question through accretion. The trial court decided that issue in favor of the defendants and entered an appropriate judgment. The plaintiff contends that it is a well recognized rule that the burden of proving the equitable defense of title by accretion as an affirmative defense is on…