Goodson, et al. v. Ford, et al.
Annotate this CaseThis appeal involved three adjacent properties in rural Lee County owned by the Goodsons, the Ellers, and the Fords. All three properties descended from a common owner who recorded, but later withdrew, a subdivision plat that included the Goodson Property and the Eller Property. The Goodsons and Ellers claimed that they have the right to use all of "Carol Street." In 2007, the Fords filed a petition to quiet title to the Ford Property, which included Carol Street. The court affirmed the trial court's rejection of the Goodsons' and Ellers' claim of title to Carol Street by adverse possession; held that the trial court properly found the Goodsons' interest in Carol Street based on the subdivision plat was in the nature of an easement rather than legal title and the Fords' were estopped from denying the Goodsons' easement by express grant; held that the trial court did not err in placing limitations on the scope of the Goodsons' easement to use Carol Street; and rejected the Goodsons' and Ellers' claims of unclean hands and laches. Accordingly, the court affirmed the judgment.
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