Laas v. All Persons

1. Adverse possession ? Prerequisites for establishing. An adverse claimant must establish seizin or possession of property within 10 years before commencement of action and entry into possession under claim of title founding such claim upon a recorded instrument, that there has been a continued occupation and possession of property included in such instrument for 10 years, that the land has been usually cultivated or improved or protected by substantial enclosure for useful purpose of husbandry or for pasturage or for ordinary use of defendant and that claimant, her predecessors and grantors have during the 10 year period paid all taxes which have been legally levied and assessed on the land. 2. Adverse possession ? Words &; Phrases ? "Adverse." Possession of realty, to be "adverse," must be actual, visible, exclusive, hostile and continuous for the full period, the claim of the possessor must invade the title of the owner and be so brought home to him that he is in a position to institute an action for possession at all times during the running of the statute of limitation and the possessor must have paid the taxes during the period claimed. - Page 44 3. Adverse possession. Evidence was sufficient to establish plaintiffs adverse possession of the land involved. 4. Infants ? Minorship did not effect title by adverse possession. Where plaintiff sought to establish adverse title to the land patented to the heirs of a deceased entryman, the fact that the heirs were minors when plaintiffs predecessor in title procured his tax deed, did not defeat plaintiffs rights where the action was instituted more than 10 years after the youngest of the heirs had attained his majority and no action had been brought by the heirs within the 10 years to recover the property or to make any defense with respect thereto. 5. Adverse possession ? Payment of taxes, requirement of. Under the statute providing that in no case shall adverse possession be consiedred established unless the land has been occupied and claimed for 10 years continuously and the claimant or predecessors have during such period paid all the taxes, the adverse claimant is not required to pay taxes currently each year as they become due but it is sufficient if at any time during the 10 year period the claimant pays up all taxes theretofore levied. 6. Appeal and error ? Substantial evidence rule applied. Findings of adverse possession sustained by substantial evidence would not be disturbed.