Foxhill v. Columbia Lumber Co.

FOLTA, District Judge.

Plaintiff has moved for a summary judgment on the issue of liability only, while the defendant has filed a cross-motion for summary judgment.

The material facts are not in dispute. In the course of a proceeding brought by the defendant to foreclose its lien against the building involved in this controversy, the building was sold to the defendant, who then obtained permission from the record *604owner of the land to allow the building to remain. In doing so, the defendant relied on the record title and the absence of any visible sign of use or-occupancy by any other person.…