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Keever v. Dellinger

Some evidence supported the jury's finding that the appellant failed to prove he adversely possessed certain land.

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Through interrogatories, a jury determined that David Keever, individually and in his capacity as administrator of the Estate of Henry Keever, failed to prove that he had adversely possessed certain land whose record title was held by James R. Dellinger, Jr. and Frank Troutman collectively “Dellinger”. Specifically, the jury found that, although Keever had proven all other elements of adverse possession, he had failed to establish exclusive possession. Keever now appeals, contending, among other things, that the trial court made improper evidentiary rulings. For the reasons set forth below, we affirm.

The record shows that, through a quiet title action, Keever and Dellinger both claimed superior record title to a particular Bartow County property Property. In the alternative, Keever claimed ownership of the Property by adverse possession. In May 2007, the superior court appointed a Special Master to review the case pursuant to OCGA § 23-3-63. In March 2010, the Special Master found that Dellinger held superior record title to the Property, but Keever had shown, as a matter of fact and law, that he had gained title through adverse possession. See OCGA § 44-5-160 et. seq. Thereafter, Dellinger filed a motion to set aside the Special Master’s report in part and to allow trial by jury on the matter of adverse possession. The superior court determined that Dellinger held record title to the Property, but it rejected the Special Master’s determination that Keever had shown adverse possession. Accordingly, the superior court granted a motion for jury trial filed by Keever, and the results of that trial form the basis for this appeal.

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