Hauxwell v. Henning
Annotate this CaseIn 2007, Ryan Hanzlick and his wife acquired two tracts of land through treasurer’s tax deeds. A trust controlled by Hanzlick subsequently acquired title to the two tracts by quitclaim deed. Selma Hauxwell, the adjacent property owner, had allegedly been using those tracts since 1971 but did not appear in the official records of the county register of deeds as the owner of the tracts. Hauxwell filed a complaint seeking to quiet title to the two tracts by claim of adverse possession. The Hanslicks counterclaimed, requesting that the court find the Hanzlicks were the owners of the tracts and to eject and enjoin Hauxwell from the property. The district court quieted title in favor of Hauxwell but did not address any other issues regarding the tax deeds. The Supreme Court reversed, holding that the district court erred (1) by not dismissing Hauxwell’s complaint for lack of jurisdiction due to the Hauxwell’s failure to establish standing; and (2) in failing to address the Hanzlicks’ counterclaims. Remanded.
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