Egli v. Troy

The Eglis (plaintiffs) sued their neighbors, the Troys and Ransons (codefendants), claiming ownership by acquiescence of land marked off by an old fence, based on over a decade of neighbors treating the fence as the boundary. The neighbors argued the fence sat entirely within land that Rosemary Greve (codefendant) had conveyed to them by special warranty deed, and brought Greve into the case, invoking deed language shielding them from claims raised by anyone claiming "by, through, or under" Greve - arguing that if Greve's own passive acquiescence during her ownership helped support the Eglis' claim, she should bear responsibility. The trial court awarded the Eglis ownership by acquiescence but granted Greve summary judgment, reasoning her merely passive conduct wasn't the kind of affirmative act needed to trigger the deed's protective language.