Gary S. Brown and Mitzi M. Brown, Plaintiffs Below, Appellees v. David L. Gobble and Sue Ann Gobble, Defendants…

Summary

The court held that a party claiming title by adverse possession must prove every required element by clear and convincing evidence, rejecting any contrary implication from earlier decisions. It also held that the circuit court's findings were inadequate because they did not address the defendants' evidence and theory of tacking, so the judgment was reversed and remanded for more detailed findings and reconsideration. The court declined to enter judgment for the defendants because the burden of persuasion remained with them.