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Alaska National Bank v. Linck

559 P.2d 1049 (1977)

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Alaska National Bank v. Linck

Alaska Supreme Court

559 P.2d 1049 (1977)

Facts

In 1927, John Chisolm conveyed a parcel of land to Charles Taylor by quitclaim deed. When Taylor died, the property was devised to his widow, Eva Taylor. Upon Eva’s death in 1971, Alaska National Bank (the bank) (defendant) became the administrator of her estate. In 1944, however, Chisolm had also conveyed the land to James Stewart. In 1956, Stewart planted a large garden on the land and erected a barricade to prevent entry. In 1959, Stewart’s daughter, Alaska Linck (plaintiff) refused to grant an easement over the property requested by the Department of Fish and Game. A year later, however, Linck agreed to grant a power-line easement. Over the years, Linck continued to visit, inspect, and maintain the land. Linck and the Stewarts paid the property taxes on the land between 1949 and 1967. After a flood destroyed the tax assessor’s records in 1967, the assessor listed Eva Taylor as owner of the parcel. Taylor and the bank then paid taxes on the land from 1968 through 1975. During this period, Linck was unaware that she was no longer paying taxes on that particular parcel. Linck brought suit against the bank to quiet title, claiming title of the parcel by adverse possession under color of title. The lower court granted summary judgment for Linck. The bank appealed.

Rule of Law

Issue

Holding and Reasoning

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