Missouri Court of Appeals, Southern District / Jan 8, 2019
DAVID LYNN SCOTT and DONNA SCOTT, Plaintiffs-Appellants vs. RICHARD HICKS and JAN HICKS, Defendants-Respondents
David Lynn and Donna Scott appealed the trial court's judgment granting a motion for judgment notwithstanding the verdict (JNOV) in favor of Richard and Jan Hicks. The Scotts had claimed adverse possession of approximately 314 acres of land, and a jury initially found in their favor. The appellate court affirmed the JNOV, concluding that the Scotts failed to present substantial evidence to support the 'hostile' element of their adverse possession claim, as their actions consistently recognized the record owner's superior title.