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Miller v. Stovall

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eBook details

  • Title: Miller v. Stovall
  • Author : Supreme Court of the United States
  • Release Date : January 07, 1986
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 56 KB

Description

Appellee Helen Stovall filed a complaint in district court alleging that appellants Harold I. and Norma J. Miller had ousted her from the south sixty feet of her property. Appellee relied on her deed and survey to support her claim. Appellants answered the complaint by asserting that in 1950 the disputed sixty feet had been granted to their predecessors in interest by an oral agreement in exchange for an easement over their property. Appellants also asserted that appellee was barred by the statute of limitations, Γ‚§ 1-3-103, W.S. 1977, and that they had acquired title to the disputed area by adverse possession. The trial court found that the alleged agreement was "incredulous," that even if there was such an agreement it was void under the statute of frauds, Γ‚§ 1-23-105(a)(v), W.S. 1977, Cum.Supp. 1985, and that appellants had not established their claim of adverse possession. The court enjoined each party from interfering with the others use of their property as described in their deeds, and granted appellee a nonexclusive easement of necessity for ingress and egress to her property.


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