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Property Keyed to Merrill
Mugaas v. Smith
Citation:
206 P.2d 332Facts
The plaintiff, Mugaas, sued to quiet title to a strip of land claimed by adverse possession. Mugaas satisfied all the statutory requirements for obtaining the strip by adverse possession. After having successfully completed the adverse possession, the fence demonstrating Mugaas’s possession of the strip disintegrated making it less obvious she was in possession. The defendant, Smith, was a bona fide purchaser who bought a track of land that the record description indicated included this strip. Mugaas claimed ownership by virtue of her adverse possession while Smith contends that his status as a bona fide purchaser entitled him to rely on the record title and description of the land, thereby extinguishing Mugaas’s title.
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