West Virginia Supreme Court of Appeals
474 S.E.2d 489 (W. Va. 1996)
The Gobbles (defendants) and Browns (plaintiffs) were owners of neighboring properties in West Virginia. The properties were divided by a two-feet-wide tract of land, which was owned by the Browns, but was enclosed on the Gobbles’ side of the property line by a fence. The Gobbles bought the property in 1985 from the Fletchers who bought the property in 1978. The Fletchers, and subsequently the Gobbles, had used the two-feet-wide tract as their own, enclosed by the fence, the entire time they lived on the property until 1994, when the Browns decided to build a road along the tract. The Gobbles tried to stop the Browns from doing so by claiming ownership in the tract. The Browns then filed this complaint, seeking to enjoin the Gobbles from interfering with the Browns’ use of the tract of land. The Gobbles filed a counterclaim, alleging ownership of the tract of land through adverse possession. The adverse possession statutory period in West Virginia is ten years. The Circuit Court of Mercer County found in favor of the Browns. The Gobbles appealed.
Rule of Law
Holding and Reasoning (Cleckley, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 220,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.