Dowling v. Heirs of BondAnnotate this Case
The Supreme Court affirmed the judgment of the trial court concluding that Plaintiff had failed to establish ownership of a disputed parcel of property by adverse possession but reversed the trial court's determination that Defendant had established its counterclaim for slander of title, holding that the trial court erred in part.
Defendant held record title to the disputed parcel at issue, which abutted Plaintiff's property. Plaintiff brought this quiet title action alleging that her predecessors in title had acquired fee ownership of the parcel by adverse possession. Defendant filed a counterclaim alleging slander of title. The trial court rendered judgment for Defendant as to all claims and counterclaims. The Supreme Court reversed in part, holding that the trial court (1) correctly determined that Plaintiff failed to establish adverse possession of the parcel; but (2) erred in determining that Defendant established its counterclaim for slander of title.