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Wathen v. Brown

48 Md. App. 655 (1981)

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Wathen v. Brown

Maryland Court of Special Appeals

48 Md. App. 655 (1981)

Facts

Helen Brown (plaintiff) owned the title to a parcel of property that included a 20-foot right-of-way. Norma Wathen (defendant) and her husband acknowledged a land survey in 1960 showing that the parcel and right-of-way were owned by Brown. However, Wathen had since been claiming ownership of the land and right-of-way through adverse possession. Brown sued Watson and sought a judgment to quiet title to the property. In the complaint, Brown alleged to be the owner of record title, the acknowledgement of the land survey, and the claim of adverse possession asserted by Wathen. The lawsuit proceeded to trial, and, at the close of proof, Wathen argued that Brown had failed to establish equitable jurisdiction. The proof at trial was limited to the deed of title and the plat survey. The trial court determined that it could draw an inference of possession from the evidence and entered an order in favor of Brown. Wathen appealed.

Rule of Law

Issue

Holding and Reasoning (Lowe, J.)

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