Beams v. Werth

I respectfully set forth my reasons for dissent since I am convinced the court’s opinion will cloud the title to both adjoining tracts of land.

This controversy arose between two adjoining property owners over title to a portion of a roadway abandoned or closed in the year 1948. The roadway had been used by the public from 1926 to 1948 and separated the adjoining properties.

The trial court heard the testimony of thirteen witnesses and examined many exhibits, including two abstracts of title. At the close of the trial it found generally in favor of plaintiff and entered a decree quieting…