Miller v. Bushnell

This is a proceeding to quiet title. Plaintiffs claim by adverse possession and defendants by deed. The trial court held for defendants and plaintiffs appeal.

Plaintiffs have title to 300 acres of fenced mountain land covered with grass, brush and timber. Included within the fenced area is the disputed 18-acre tract to which defendants have record title. One side of the tract is bounded by the fence enclosing plaintiffs’ property and his neighbor’s adjoining property. The 18-acre tract was conveyed to the mother of the defendant Elwyn Bushnell in 1938. She recently conveyed to defendants.…