Envision Properties, LLC v. Paul Richard Johnson, et al.

This is a suit to quiet title to real property. The issue presented is whether the trial court correctly decreed that any legal or equitable interest of Paul Richard Johnson in the real property purchased by Envision Properties, LLC was extinguished by operation of the doctrine of adverse possession. Based on the stipulated proof, we hold that there was not clear and positive proof of adverse possession sufficient to constitute an ouster of a co-tenant. Therefore, Paul Richard Johnson has an undivided one-fifth interest in the property. The judgment of the trial court is reversed.