Logourl black
From our private database of 14,100+ case briefs...

Gurwit v. Kannatzer

Court of Appeals of Missouri
788 S.W.2d 293 (1990)


Facts

In 1963, the Gurwits (plaintiffs) purchased land in Missouri. The seller represented to the Gurwits that the purchased land included a certain 17-acre tract, and the Gurwits believed him. However, in 1983 the Gurwits learned their neighbors, the Gruenders (defendants), had record title to the tract and the tract had been included in the Gruenders’ tax bill. Between 1963 and 1983, the Gurwits had posted “no trespassing” and “no hunting” signs on the 17-acre tract, entered the tract to access the rest of the property, cleared away brush and downed trees by the tract, cut firewood and gave friends permission to cut firewood on the tract with the Gruenders’ apparent approval, and were notified by the Gruenders when people trespassed on the tract. Additionally, after 1983, the Gurwits paid the taxes on the tract. The Gurwits instituted an action to have the title for the tract quieted in themselves, with the Gruenders as defendants. The Gruenders filed a counterclaim seeking to have title quieted in themselves. After the trial court found the Gurwits had title by adverse possession, the Gruenders appealed to the Court of Appeals of Missouri, arguing the Gurwits had not fulfilled the elements of adverse possession.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision.

To access this section, please start your free trial or log in.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question.

To access this section, please start your free trial or log in.

Holding and Reasoning (Per Curiam)

The holding and reasoning section includes:

  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, please start your free trial or log in.

What to do next…

  1. 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.

  2. 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 219,000 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.