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Property Law Keyed to Dukeminier
Conklin v. Davi
Facts
The Plaintiffs, the Conklins (Plaintiffs), contracted to sell to the Defendants, the Davi’s (Defendants), a piece of residential property. The Plaintiffs obtained a portion of the property through adverse possession. The Plaintiffs did not secure the deed to this portion prior to the attempted sale. The Plaintiffs sued for specific performance and the Defendants counterclaimed for rescission. The case ended up going forward solely on the Defendants’ counterclaim. The trial court found for the Plaintiffs. The appellate court reversed and the Plaintiffs appealed.
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