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Mugaas v. Smith

Law Dictionary
CASE BRIEFS

Law Dictionary

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Property Law Keyed to Cribbet

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Bloomberg Law

Citation. 22 Ill.33 Wn.2d 429, 206 P.2d 332 (1949)

Brief Fact Summary. Mugaas (Plaintiff) brought an action to quiet title to a strip of land he claimed by adverse possession and to compel Smith (Defendant) to remove any buildings constructed thereupon. The Plaintiff relied on a fence built in1910 and maintained until 1928 which clearly enclosed the disputed land in favor of Plaintiff’s parcel. The fence disintegrated over time and the Defendant took title in 1941 under a deed, which recited that his parcel included the disputed strip of land.

Synopsis of Rule of Law. A conveyance of record title to a bona fide purchaser will not extinguish a title acquired by adverse possession.


Facts. Plaintiff brought an action to quiet title to a strip of land, 135 feet in length and having a maximum width of 3 and 1/2 feet, he claimed by adverse possession and to compel Defendant to remove from any buildings constructed thereupon. The Plaintiff relied on a fence built in1910 and maintained until 1928 which clearly enclosed the disputed land in favor of Plaintiff’s parcel. The fence disintegrated over time and the Defendant took title in 1941 under a deed, which recited that his parcel included the disputed strip of land. The lower court found that the Plaintiff had established ownership of the land through adverse possession and directed that the Defendant remove any buildings on the strip of land. The Defendant appealed.
Issue. Was the Defendant, as a bona fide purchaser of real property, entitled to rely on the record title description, which included the disputed strip?

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