Gibson v. Dudley

The question for decision is whether the evidence, taken

in its most favorable light for the plaintiff, survives the demurrer and carries the case to the jury. The trial court answered in the negative, and we approve.

The vital question is the character of plaintiff’s possession of the triangular strip of the driveway embraced in defendant’s deed prior to 1948, whether permissive or adverse. The law presumes it was permissive. He does not say it was adverse.

The plaintiff purchased and went into possession of his lot in 1924. He thought his deed covered the whole of the driveway, including the…