Ruhland v. ElliottAnnotate this Case
At issue in this case was the ownership of a 5.5-acre tract of real estate. Keith Elliott at one time deeded away the land to his then-wife’s daughter, Polly Grant, but continued living on the property. After Keith died, his daughter, Suzann Elliott, took possession of the disputed tract. The district court concluded that Keith regained possession of the disputed tract by adverse possession, which he then passed to Suzann by intestate succession. The court of appeals reversed, concluding that the district court’s decision was not supported by substantial evidence. The Supreme Court affirmed, holding that Suzann did not carry her burden to present clear and positive proof that Keith’s possession was knowingly adverse, and therefore, her adverse possession claim failed.