Missouri Court of Appeals for the Eastern District
592 S.W.2d 844 (1979)
Eugene and Grace Porter (plaintiffs) and Donald and Edna Posey (defendants) own adjoining parcels of land. The Poseys purchased their land in October 1975. This land included the 0.18-acre tract of land in dispute. The Porters purchased their land from the Engelmeyers in July 1976. The Engelmeyers had acquired the land in three parcels between 1955 and 1956. Shortly after acquiring the land, the Engelmeyers bulldozed the 0.18 acres and built a turnaround roadway. They used and maintained the turnaround until they sold their entire property in 1976. They also used and maintained the land surrounding the roadway to park, access the rest of their property, and play volleyball. Additionally, passing motorists occasionally used the roadway to turn back around onto the highway. Although their deed did not include a description of the 0.18 acres, the Engelmeyers believed they owned it. On October 1975, the Poseys had their property surveyed and discovered that the 0.18 acres belonged to them. Eugene Porter became aware that the Engelmeyers’ deed to the land did not include the 0.18 acres just before Porter purchased it. However, Porter’s attorney assured him that the omission would not affect the transfer of the 0.18 acres to the Porters. Thus, the Porters proceeded with the purchase and, in July 1976, they acquired the deed to the land. Donald Posey installed a cable to keep the Porters from accessing the roadway. The Porters then brought this action to quiet title.
Rule of Law
Holding and Reasoning (Satz, 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 200,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 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.