You are viewing a free summary from Descrybe.ai. For citation checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.

Triplett v. David H. Fulstone Co.

Citations: 849 P.2d 334; 109 Nev. 216; 1993 Nev. LEXIS 29Docket: 22371

Court: Nevada Supreme Court; March 24, 1993; Nevada; State Supreme Court

Narrative Opinion Summary

The Supreme Court of Nevada adjudicated a property dispute over thirty-five acres in Lyon County, involving claims by the appellants, the Tripletts, and the respondents, the Fulstones. Central to the case were three deeds issued by Lyon County, beginning with a 1937 deed to the Tripletts' predecessor, which the court deemed valid despite an inaccurate legal description. This deed, being the earliest, was ruled to take precedence over later deeds to the Fulstones' predecessors. Despite this, the district court found that the Fulstones had established adverse possession of the property under NRS 40.090, having occupied and utilized it for fifteen years and paid taxes for five years. The Tripletts’ appeal questioned the validity of their tax deed, but the court upheld the district court's decision, affirming the use of extrinsic evidence to resolve the deed description issue and confirming the Fulstones' adverse possession claim, which met the statutory criteria of hostility, actual, open, notorious, continuous, and uninterrupted use under NRS 11.100. Consequently, the appellate court affirmed the district court's judgment in favor of the Fulstones.

Legal Issues Addressed

Adverse Possession Under NRS 40.090

Application: Despite the Tripletts holding superior title, the court found that the Fulstones had adversely possessed the property, meeting the statutory requirements.

Reasoning: The district court found that the Fulstones had adversely possessed the disputed property according to NRS 40.090.

Priority of Deeds Under Property Law

Application: The court determined that the 1937 deed from Lyon County to the Tripletts' predecessor constituted a valid conveyance and took precedence over later deeds issued to the Fulstones' predecessors.

Reasoning: The court determined that the 1937 deed from Lyon County to the Tripletts' predecessor constituted a valid conveyance and, being the earliest conveyance, took precedence over the later deeds issued to the Fulstones' predecessors.

Requirements for Adverse Possession Under NRS 11.100

Application: The Fulstones demonstrated hostile, actual, open, notorious, continuous, and uninterrupted occupation, satisfying the criteria for adverse possession.

Reasoning: According to NRS 11.100, legal title holders are presumed to possess the property, while adverse possessors must show their occupation was hostile, actual, open, notorious, continuous, and uninterrupted.

Use of Extrinsic Evidence to Clarify Deed Descriptions

Application: The court allowed extrinsic evidence from the Lyon County assessment rolls to clarify the legal description in the 1937 deed, establishing its validity.

Reasoning: The court determined that the deed's legal description, although initially deemed inadequate, could be clarified through extrinsic evidence from the Lyon County assessment rolls.