Janke v. McMahon

The action is to recover the possession of a narrow strip of land, nearly three feet in width and forty feet in depth, and to quiet plaintiff’s title thereto. The appeal is from an order denying defendant’s motion for a new trial. It is admitted by appellant that the record title is in respondent but its normal effect is sought to be obviated by the claim of adverse possession. Plerein it is the contention that “nowhere does it appear that the plaintiff or her predecessors or any one of them had actual physical possession or ever occupied the disputed strip of land, the surface of the soil;…