Daniel S McCain, et al. v. Stephen J Presley
── Daniel S McCain, et al. v. Stephen J Presley ──
Case No.: 21A-MI-00567
Court: Indiana Court of Appeals
Date: October 20, 2021
Author: Judge Robert Altice
County of Origin: Miami
Category: Civil
Decision: Affirmed
Judge Robb and Judge Bradford concur
Case Summary
This is the second appeal between neighboring landowners regarding “two tiny
little strips” of land on Stephen Presley’s property, totaling approximately 120
square feet and commonly referred to in this litigation as the Dog Run and the
Flower Bed. Transcript Vol. 2 at 17. In the first appeal, Presley obtained a
reversal of the trial court’s order that, based on adverse possession, quieted title
to the Dog Run in Joseph DeRozier and to the Flower Bed in Daniel McCain.
Presley v. McCain, 134 N.E.3d 464 (Ind. Ct. App.
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