Rhodes v. Cahill

OPINION ON MOTION FOR REHEARING

PHILLIPS, Chief Justice.

The Respondent’s motion for rehearing is overruled. Our opinion of July 3, 1990, however, is withdrawn, and the following is substituted in its place.

This adverse possession case presents the issue of whether the adverse possession claimant, Respondent Marjorie Cahill, has proven each element of adverse possession as a matter of law. We hold that she has not. For reasons that follow, we reverse the judgment of the court of appeals and remand the cause to that court for further proceedings.

FACTS

In 1933, L.C. Cahill purchased from M.W.…