Johnson v. Martinez CA4/1
This case involves a boundary dispute between adjacent property owners. Decades ago, Daniel Gabino and Stephany Halene Martinez (defendants) agreed with their backyard neighbor, Ruth Johnson, to build a concrete wall at what they believed was the boundary between their two lots. After Ruth passed away, Rodney as executor to her estate tried to sell. When a survey revealed that the wall stood entirely on the Johnson property, Rodney filed an action to quiet title. On cross motions for summary judgment, defendants argued that Ruth had consented to the wall's placement and invoked statute of limitations and unclean hands as affirmative defenses; Rodney urged the court to grant judgment based on the survey. The trial court granted Rodney's motion, denied defendants' motion, and entered judgment in Rodney's favor. Defendants appeal the judgment.
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