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Gurwit v. Kannatzer

788 S.W.2d 293 (1990)

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Gurwit v. Kannatzer

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

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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, had entered the tract to access the rest of the property, had cleared away brush and downed trees by the tract, had cut firewood and given 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 Missouri Court of Appeals, arguing the Gurwits had not fulfilled the elements of adverse possession.

Rule of Law

Issue

Holding and Reasoning (Per Curiam)

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