Kennedy v. Schneider
Annotate this CaseAppellants Samuel Jr. and Laurie Schneider appealed the district court's decree quieting title to real property in favor of Respondents Vernon and Dorothy Kennedy as adverse possessors. In 1924, Mr. Kennedy's great-uncle purchased the property that would eventually be passed to the Kennedys. When the Kennedys decided to place their property up for sale, they became aware that three parcels of the property that they believed had been owned by their family for generations were the subject of deeds in favor of other parties. In 2007, the Kennedys initiated a quiet title action to assert ownership over the three parcels as adverse possessors under a written claim of title. A default judgment in favor of the Kennedys was entered against the titleholders of record for two of the three parcels. The Schneiders answered and defended the Kennedys' claim to the third parcel. The district court issued a memorandum finding that the Kennedys had proved the elements of their claim of adverse possession by clear and satisfactory evidence. The court then entered a decree quieting title to the third parcel. The Schneiders appealed to the Supreme Court. Upon review, the Supreme Court found that there was not substantial, competent evidence to support the district court's findings. The Supreme Court vacated the lower court's decree and its judgment awarding attorney fees. The Court remanded the case for further proceedings.
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