Battistone v. American Land & Development Co.

HALL, Justice:

Plaintiff brought suit in district court seeking removal of improvements on her real property and restoration thereof or damages for trespass, or in the alternative, damages for the value of the land taken. The court, sitting without a jury, entered judgment for the defendant, finding that plaintiff had failed in her burden of proving a cause of action against defendants and that defendant Royal Gardens acquired good and sufficient title to the disputed property. It is from that ruling that plaintiff appeals.

In 1968 plaintiff conveyed certain farming property located in…