Nutting v. Reis
2010 Mo. App. LEXIS 1530
| Mo. Ct. App. | 2010Background
- Appellant Nutting sues for ejectment and quiet title to a 150'×150' disputed tract in McDonald County.
- Respondent Reis counters, claiming title by adverse possession.
- Terry Nutting, who believed the land was part of his six-acre parcel, possessed the tract.
- Will and deed descriptions contained a 64.11-foot gap that misdescribed the six-acre parcel.
- Terry Nutting sold the disputed tract to Reis in 2007; Appellant challenged the sale after survey.
- Trial court found Reis (with Terry) possessed the tract adversely for the statutory period and awarded title to Reis.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Terry’s possession was hostile and exclusive | Nutting argues lack of hostility/exclusivity | Reis argues possession was hostile and exclusive | Hostile and exclusive possession found |
| Whether ejectment was proper given Reis’ title by adverse possession | Nutting contends he remained entitled to possession | Reis’ adverse possession foreclosed Nutting’s possession | Ejectment properly denied; Reis entitled by adverse possession |
Key Cases Cited
- Watson v. Mense, 298 S.W.3d 521 (Mo. banc 2009) (adverse-possession boundary rules; deference to trial court on credibility)
- Murphy v. Carron, 536 S.W.2d 30 (Mo. banc 1976) (standard of review for trial court rulings)
- Harrison v. DeHeus, 230 S.W.3d 68 (Mo.App. S.D.2007) (credibility determinations favored to trial court)
- Flowers v. Roberts, 979 S.W.2d 465 (Mo.App. E.D.1998) (exclusive possession presumed adverse; not defeated by sporadic use)
- Martens v. White, 195 S.W.3d 548 (Mo.App. S.D.2006) (exclusive element not defeated by permissive visits)
- Schaumburg v. Heafey, 650 S.W.2d 697 (Mo.App. W.D.1983) (exclusive possession presumed adverse absent contrary proof)
- Pinewoods Associates v. W.R. Gibson Dev. Co., 837 S.W.2d 8 (Mo.App. W.D.1992) (exclusive possession and use supports adverse-possession characterization)