Porter v. Posey

Facts

Eugene and Grace Porter (Plaintiffs) and Donald and Edna Posey (Defendants) own adjoining parcels of land. Defendants purchased their land in October 1975. This land included the 0.18-acre tract of land in dispute. Plaintiffs purchased their land from the Engelmeyers in July 1976. The Engelmeyers had acquired the land in three parcels between 1955 and 1956. Shortly after acquiring the land, the Engelmeyers bulldozed the 0.18 acres and built a turnaround roadway. They used and maintained the turnaround until they sold their entire property in 1976. They also used and maintained the land surrounding the roadway to park, access the rest of their property, and play volleyball. Additionally, passing motorists occasionally used the roadway to turn back around onto the highway. Although their deed did not include a description of the 0.18 acres, the Engelmeyers believed they owned it. On October 1975, Defendants had their property surveyed and discovered that the 0.18 acres belonged to them. Eugene Porter became aware that the Engelmeyers’ deed to the land did not include the 0.18 acres just before Porter purchased it. However, Porter’s attorney assured him that the omission would not affect the transfer of the 0.18 acres to Plaintiffs. Thus, Plaintiffs proceeded with the purchase and, in July 1976, they acquired the deed to the land. Donald Posey installed a cable to keep Plaintiffs from accessing the roadway. Plaintiffs then brought this action to quiet title.