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Property: Volume 1 Christian Turner Assistant Professor of Law University of Georgia School of Law eLangdell® Press 2012 / Adverse Possession
"Brown v. Gobble, 474 S.E.2d 489 (W. Va. 1996) Mark E. Wills, Wills & Sadler, Princeton, for Appellees. Robert H. Miller, II, Katz, Kantor & Perkins, Bluefield, for Appellants. 667 C LECKLEY, Justice. This case involves the doctrines of adverse possession and tacking. David L. Gobble and Sue Ann Gobble, appellants/defendants below, appeal from a final order of the Circuit Court of Mercer County. At the conclusion of a bench trial the circuit court granted judgment for a strip of land to Gary S. Brown and Mitzi Brown, appellees/plaintiffs below. In prosecuting this appeal, the defendants allege two assignments of error: (1) it was error for the circuit court to apply a clear and convincing evidence standard of proof to the doctrine of adverse possession, and (2) the circuit court committed error in finding that the evidence failed to prove adverse possession."
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