Latest Case: Brumley v. McDuff (Real Estate & Property Law)

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Brumley v. McDuff

Docket: 19-0365

Opinion Date: February 5, 2021

Judge: Bland

Areas of Law: Real Estate & Property Law

In this property dispute between neighboring landowners, the Supreme Court reversed the decision of the court of appeals reversing the judgment of the trial court finding that Plaintiffs held peaceful and adverse possession of the disputed property for the requisite time, holding that Plaintiffs' pleading alleged a claim of trespass to try title by adverse possession. In reversing, the court of appeals ruled that the pleadings did not support the judgment because Plaintiffs described their claim as a quiet title action rather than a trespass to try title action. The Supreme Court reversed, holding (1) Plaintiffs' pleadings supported the submission of adverse possession to the jury; and (2) in substance and effect, Plaintiffs sued for title to the disputed property, and in denominated their claim as an "action to quiet title," Plaintiffs did not nullify the substance of their adverse-possession actions.