GERNER v. SULLIVAN

No. 87SC294.

768 P.2d 701 (1989)

Robert E. GERNER, Petitioner, v. Michael W. SULLIVAN, Jamie K. Mohr-Sullivan, Jerry R. Simmons, Kathryn A. Foley and Darleen S. Edgerton, Respondents.

Supreme Court of Colorado, En Banc.

February 13, 1989.


Attorney(s) appearing for the Case

Michael D. Boster, Robinson & Scheurer, P.C., Lakewood, for petitioner.

Susan V. Martin, Marjorie Ett, Silver and Hayes, Denver, for respondents Michael W. Sullivan and Jamie K. Mohr-Sullivan.

Alan E. Karsh, Karsh & Fulton, P.C., Denver, for respondents Jerry R. Simmons, Kathryn R. Foley & Darleen S. Edgerton.


MULLARKEY, Justice.

In this quiet title action, Robert E. Gerner sought to obtain title to a disputed parcel of land by proving adverse possession. The trial court held against Gerner, stating that he had failed to establish the elements of adverse possession by clear and convincing evidence. On appeal, Gerner challenges the trial court's holding on the basis that section 13-25-127(1), 6A C.R.S. (1987) provides that the "preponderance of evidence" standard is the...

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