Larson, et al. v. Tonneson, et al.
Docket Info
- Title
- Teresa L. Larson, Janet F. Schelling, and
Lynette A. Helgeson, Plaintiffs and Appellees
v.
Jon Tonneson, Mary Issendorf, in her personal
capacity and in her capacity as the personal
representative of the Estate of Vesper Shirley,
the Estate of Vesper Shirley, and all other persons
interested either as heirs, creditors, or otherwise,
in the estates of the above-mentioned persons or
entities, and all other persons unknown, claiming any
interest in or encumberance upon the property
described in the Complaint, Defendants and Appellants - Case Type
- CIVIL APPEAL : REAL PROPERTY
- Appeal From
-
Case No. 2015-CV-00145
Northeast Judicial District, Bottineau County
Anthony Swain Benson
Highlight
In an appeal from a bench trial, the district court’s findings of fact are reviewed under the clearly erroneous standard of review, and its conclusions of law are fully reviewable.
To satisfy the elements for adverse possession, the acts on which the claimant relies must be actual, visible, continuous, notorious, distinct, and hostile, and of such character to unmistakably indicate an assertion of claim of exclusive ownership by the occupant.
While adverse possession generally cannot be obtained against a public entity, title may be acquired by adverse possession when a roadway has been unopened to public use, an offer to dedicate it has been unaccepted, or it has been vacated or abandoned.
Whether an adverse possession has occurred presents a question of fact, which will not be reversed on appeal unless clearly erroneous.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
Seq. # | Filing Date | Description | Attachment |
---|---|---|---|
1 | 05/03/2018 | NOTICE OF APPEAL : 05/03/2018 | |
2 | 05/03/2018 | ORDER FOR TRANSCRIPT : 05/10/2018 | |
3 | 05/07/2018 | Rec'd $125 filing fee | |
4 | 05/08/2018 | NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV. | |
5 | 05/08/2018 | Notice served on Michael S. McIntee and James A. Teigland | |
6 | 05/30/2018 | ELEC. RECORD ON APPEAL DATED (ENTRY NOS. 1-241) (not sent 161-163) | |
7 | 06/21/2018 | RECEIVED BY HAND DELIVERY DOCKET ENTRIES 161, 162, AND 163 (MAPS) | |
8 | 07/02/2018 | AMENDED ELEC. RECORD ON APPEAL DATED JUNE 25, 2018 (ENTRY NOS. 1-241) | |
9 | 07/12/2018 | ELECTRONIC TRANSCRIPT DATED APRIL 27, 2017 | |
10 | 07/12/2018 | Redaction key for transcript dated April 27, 2017 (not public) | |
11 | 07/12/2018 | ELECTRONIC TRANSCRIPT DATED APRIL 28, 2017 | |
12 | 07/12/2018 | COS for transcripts dated April 27 and 28 | |
13 | 07/13/2018 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE (docket entries 164-194) | |
14 | 08/21/2018 | APPELLANT BRIEF | View |
15 | 08/21/2018 | E-FILED BRIEF (PDF) | |
16 | 08/21/2018 | APPELLANT APPENDIX | |
17 | 08/21/2018 | E-FILED APPENDIX | |
18 | 08/23/2018 | Rec'd $25 surchg & $44 fee ATA (over pge limit)(receipt #26384) | |
19 | 08/23/2018 | Rec'd 6 copies of ATB and ATA from Central Duplicating | |
20 | 09/12/2018 | MOT. EXT/TIME APPELLEE BRIEF | |
21 | 09/12/2018 | E-FILED MOTION | |
22 | 09/12/2018 | ACTION BY CLERK - Granted : 10/04/2018 | |
23 | 10/04/2018 | APPELLEE BRIEF | View |
24 | 10/04/2018 | E-FILED BRIEF (PDF) | |
25 | 10/12/2018 | Rec'd $25 e-filing surcharge for AEB (Receipt #26651) | |
26 | 10/10/2018 | Rec'd 6 copies of AEB from Central Duplicating | |
27 | 11/14/2018 | NOTICE OF ORAL ARGUMENT SENT | |
28 | 11/30/2018 | NOTICE OF RESCHEDULED ORAL ARGUMENT SENT | |
29 | 12/14/2018 | APPEARANCES: Michael S. McIntee; James A. Teigland | |
30 | 12/14/2018 | ARGUED: Michael S. McIntee; James A. Teigland | |
31 | 12/14/2018 | ORAL ARGUMENT WEBCAST | |
32 | 09/12/2019 | DISPOSITION (AFFIRMED AND REMANDED) | |
33 | 09/12/2019 | SPLIT OPINION : VandeWalle, Gerald W. | View |
34 | 09/12/2019 | Concurring and dissenting : Tufte, Jerod E. | |
35 | 09/12/2019 | CONCUR AND DISSENT : Jensen, Jon J. | |
36 | 09/12/2019 | Costs on appeal taxed in favor of Appellees | |
37 | 09/13/2019 | Judgment Sent to Parties | |
38 | 10/07/2019 | MANDATE | |
39 | 10/07/2019 | MANDATE | |
40 | 10/17/2019 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |