JOHN THOMAS SCORSE, as trustee under that certain Trust Agreement dated November 17, 1976, and its unknown successors and assigns, and JOHN THOMAS SCORSE, individually, and his unknown heirs and assigns Missouri Cases

The Empire District Electric Company and Westar Generating, Inc. filed a quiet title action against John Scorse concerning a 15-acre tract of land, to which Scorse counterclaimed for adverse possession. The circuit court overruled Scorse's summary judgment motion but deemed certain facts established under Rule 74.04(d), then entered judgment for the Utilities after a bench trial. On appeal, Scorse argued the circuit court erred in its handling of the Rule 74.04(d) facts and in failing to grant his adverse possession claim. The Missouri Supreme Court affirmed, holding that the circuit court properly applied Rule 74.04(d) and that the evidence did not compel a finding of adverse possession.

John Scorse appealed the denial of his adverse-possession claim regarding a 15-acre tract of "wild Ozark property." The Utilities, who held record title to the property, sued to quiet title, and Scorse counter-petitioned. The trial court, after a bench trial, quieted title in the Utilities and rejected Scorse's claim. The appellate court affirmed, holding that Scorse failed to conclusively establish the "open and notorious" element of adverse possession, which was a contested ultimate fact.