Theresa P. O’connor v. Dorothy Larocque — Rogers, J., dissenting

Summary

Rogers, C. J., dissenting, would affirm the trial court’s judgment that the plaintiff acquired title by adverse possession against her cotenant. She concluded that the majority applied insufficient deference to the trial court’s factual determination that the plaintiff intended to possess the lot exclusively and that the defendant had actual or constructive notice of that intent. The dissent maintained that the evidence, viewed under a deferential sufficiency standard, supported ouster through the plaintiff’s color of title, prolonged exclusive possession, and the parties’ circumstances.