Gerner v. Sullivan

MULLARKEY, Justice.

In this quiet title action, Robert E. Ger-ner sought to obtain title to a disputed parcel of land by proving adverse possession. The trial court held against Gerner, stating that he had failed to establish the elements of adverse possession by clear and convincing evidence. On appeal, Ger-ner challenges the trial court’s holding on the basis that section 13-25-127(1), 6A C.R. S. (1987) provides that the “preponderance of evidence” standard is the proper burden of proof to be applied in civil actions. We accepted certiorari pursuant to C.A.R. 50(a)(1) and now conclude that…