REAL ESTATE QUIET TITLE AND SPLITTING CAUSES OF ACTION: ARNOLD v. PATTERSON (COA 7/13/2007)

ARNOLD v. PATTERSON
PROPERTY:  REAL ESTATE QUIET TITLE
2006-CA-001280
PUBLISHED: AFFIRMING
PANEL: LAMBERT PRESIDING; COMBS, KELLER CONCUR
COUNTY: HARDIN
DATE RENDERED: 7/13/2007

Court of Appeals, finding no error below, affirms a bench trial verdict quiting title of a narrow gully beside a road that runs between the opponets’ properties.  Trial Court awarded gully to Patterson because the gully lies between a road and their property, the Arnold’s deed to said gully was self serving, Patterson’s deed was by a licensed surveyor, two surveys support the verdict, a title opinion indicated the gully is owned by Patterson and, finally, that Arnold’s claims of boundary acquiescence lacked any factual basis. In addition the Court of Appeals noted prior litigation between the same parties and the Arnolds should have raised their claim in the prior lawsuits and constituted splitting the cause of action.

DIGESTED BY PAUL C. O’BRYAN