Essential Botanical v. Kay
Annotate this CaseThis case concerned a dispute over a parcel of land situated between adjoining landowners, Defendant and Plaintiff. Plaintiff was the record owner of the property, but Defendant and its predecessors-in-interest occupied the properly for approximately fifty years. The district court quieted title to the property in favor of Defendants after finding that the parties' predecessors-in-interest mutually acquiesced to a boundary marked by an old barbed wire fence. The Supreme Court affirmed, holding (1) the standard of proof in boundary by acquiescence cases is clear and convincing evidence; (2) acquiescence does not require any degree of subjective intent; and (3) Defendant's predecessors-in-interest acquiesced to the original barbed wire fence as the boundary between the properties.
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