Davis v. Monteith

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding to constitute adverse possession, the possession must be continuous, hostile, open, actual, notorious, and exclusive for the entire ten-year statutory period
• holding a deed should not have been set aside by the circuit court because it was duly recorded and valid on its face, and there was no evidence before the court to rebut the presumption of validity
• finding plaintiff's possession of property was not hostile when he used the property with the knowledge and tacit permission of the owner
• explaining possession is hostile if the claimant has entered the property without the owner's permission
• finding a purchaser who failed to perform under the land sale contract had \no legal right to the property\
• stating claimant had the burden of proving adverse possession by clear and convincing evidence

Source: CourtListener parenthetical corpus (CC0).