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Property Keyed to Sprankling
Fulkerson v. Van Buren
Facts
Plaintiff, Floyd H. Fulkerson, received legal title to a parcel of land in Arkansas, which contained a church. Subsequently, Defendant, Progressive Church, Inc., began to use the church building, and Reverend Van Buren and other church members started to clean up the parcel of land were the church was located. Van Buren and the church members replaced the windows, roof, and floor of the church building, built a forty-foot building and a new office, and implemented a new air and heat unit. Plaintiff asked Defendant to leave the premises, however, DEfndant refused. Thereafter, Plaintiff brought suit. Defendant filed a counterclaim alleging that it obtained title to the land by adverse possession. During trial, Van Buren testified that he would not have improved the land if he did not have title to the land. Also, Van Buren claimed to be aware that the church did not contain a deed for the land in 1990-1991, and because the church bought the land, the church had permission to possess it. Later, Plaintiff told Defendant that Plaintiff had valid title to the land, and Defendant accepted it because Defendant did not intend to hold the title adverse to Plaintiff. The trial court found that Defendant obtained titled by adverse possession. Plaintiff appealed.
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