Tobin v. Stevens

Opinion

BENSON, J.

In this action we are asked to determine whether an owner of record title to real property can prevail in a quiet title and ejectment action against a defendant who claims he has been in possession of the property for more than 10 years but who cannot establish title to the property by adverse possession because he failed to pay any taxes assessed against the property. We find that he can and affirm the judgment.

Plaintiff Donald R. Tobin filed this action against defendant Thomas W. Stevens on August 21, 1985. Judgment in favor of plaintiff was entered after the trial court…