Galiher v. Johnson

Louise Galiher sued to quiet title to a portion of her property, alleging that the use of the disputed portion of her property by Dennis Johnson and his wife had been permissive. The Johnsons counterclaimed seeking to quiet title to the disputed parcel based upon adverse possession. After a bench trial, the district court concluded that the Johnsons had proven their adverse possession claim. The Supreme Court reversed, holding that the district court committed prejudicial error when it determined it could not consider Johnson’s out-of-court statements as evidence that his use of the disputed property had always been permissive. Remanded. View "Galiher v. Johnson" on Justia Law