adverse possession is to be taken doctrine in Oklahoma

10 Oklahoma opinions name it 2 courts 1912–2000 0 in the last five years

The cases below were cited by Oklahoma courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

Case	Followed	Cited
Rodgers v. International Land Co.green okla · 1924 · cited in 1 Oklahoma opinions naming this issue, 1931–1931 2 sentences 1931See, also, Rogers v. International Land Co., 111 Okla. 98 , 238 P. 407 , and Caldwell v. Scivally, 118 Okla. 1 , 246 P. 879 . 1931See, also, Rogers v. International Land Co., 111 Okla. 98 , 238 P. 407 , and Caldwell v. Scivally, 118 Okla. 1 , 246 P. 879 .	1	1
Caldwell v. Scivallygreen okla · 1926 · cited in 1 Oklahoma opinions naming this issue, 1931–1931 2 sentences 1931See, also, Rogers v. International Land Co., 111 Okla. 98 , 238 P. 407 , and Caldwell v. Scivally, 118 Okla. 1 , 246 P. 879 . 1931See, also, Rogers v. International Land Co., 111 Okla. 98 , 238 P. 407 , and Caldwell v. Scivally, 118 Okla. 1 , 246 P. 879 .	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Oklahoma. Read the followed side critically anyway.

Also cited on this issue (10)

Case	Cited	Years
Flesher v. Callahan green okla · 1912 2 sentences 1963In support of this contention he cites Flesher v. Callahan, 32 Okl. 283 , 122 P. 489 , wherein we held: “The doctrine of adverse possession is to be taken strictly. 1963In support of this contention he cites Flesher v. Callahan, 32 Okl. 283 , 122 P. 489 , wherein we held: “The doctrine of adverse possession is to be taken strictly.	4	1926–1976
Hassell v. Texaco, Inc. green okla · 1962 2 sentences 2000Such a possession is not to be made out by inference, but may be made out only by clear and positive proof, with every presumption in favor of possession in subordination to the title of the true owner." Id. at 235 . 17 Applying these principles to the facts at hand, we hold that receipt of the benefits of the lease and paying taxes thereon, are not acts sufficient to divest ownership from the record title owner through adverse possession. 1964Plaintiff advances no reason why we should not follow the rule as stated in C.J.S., supra. In Hassell v. Texaco, Inc., Okl., 372 P.2d 233 , we said: “The doctrine of adverse possession is to be taken strictly.	2	1964–2000
Kouri v. Burnett green okla · 1966 1 sentence 1976Colson v. Hall, 206 Okl. 687 , 246 P.2d 339 ; Kouri v. Burnett, supra. The doctrine of adverse possession is to be taken strictly and is not to be made out by inference, but by clear and positive proof and every presumption is in favor of possession in subordination to title of true owner.	1	1976–1976
Colson v. Hall neutral okla · 1952 2 sentences 1976Colson v. Hall, 206 Okl. 687 , 246 P.2d 339 ; Kouri v. Burnett, supra. The doctrine of adverse possession is to be taken strictly and is not to be made out by inference, but by clear and positive proof and every presumption is in favor of possession in subordination to title of true owner. 1976Colson v. Hall, 206 Okl. 687 , 246 P.2d 339 ; Kouri v. Burnett, supra. The doctrine of adverse possession is to be taken strictly and is not to be made out by inference, but by clear and positive proof and every presumption is in favor of possession in subordination to title of true owner.	1	1976–1976
Kimble v. Allen green okla · 1956 1 sentence 1976Flesher v. Callahan, 32 Okl. 283 , 122 P. 489 ; Honeyman v. Andrew, 124 Okl. 18 , 253 P. 489 ; Kimble v. Allen, supra. We conclude trial court did not err in holding the State’s evidence failed to establish title by adverse possession.	1	1976–1976
Honeyman v. Andrew neutral okla · 1926 2 sentences 1976Flesher v. Callahan, 32 Okl. 283 , 122 P. 489 ; Honeyman v. Andrew, 124 Okl. 18 , 253 P. 489 ; Kimble v. Allen, supra. We conclude trial court did not err in holding the State’s evidence failed to establish title by adverse possession. 1976Flesher v. Callahan, 32 Okl. 283 , 122 P. 489 ; Honeyman v. Andrew, 124 Okl. 18 , 253 P. 489 ; Kimble v. Allen, supra. We conclude trial court did not err in holding the State’s evidence failed to establish title by adverse possession.	1	1976–1976
Reinhart & Donovan Co. v. Missouri-Kansas-Texas R. neutral okla · 1940 2 sentences 1968Co., 187 Okl. 661 , 105 P.2d 541 , as follows: “The doctrine of adverse possession is to be taken strictly. 1968Co., 187 Okl. 661 , 105 P.2d 541 , as follows: “The doctrine of adverse possession is to be taken strictly.	1	1968–1968
Fessler v. Thompson green okla · 1942 2 sentences 1956This is the established rule in this jurisdiction, yet this court has consistently held, as we said in the case of Fessler v. Thompson, 191 Okl. 450 , 130 P.2d 513 , Syllabus 2: “It is not necessary, in order to establish and maintain possession of real estate, that the claimant should actually reside upon it or have it inclosed 1045 with a fence. 1956This is the established rule in this jurisdiction, yet this court has consistently held, as we said in the case of Fessler v. Thompson, 191 Okl. 450 , 130 P.2d 513 , Syllabus 2: “It is not necessary, in order to establish and maintain possession of real estate, that the claimant should actually reside upon it or have it inclosed 1045 with a fence.	1	1956–1956
Cameron v. Bustard neutral wash · 1922 1 sentence 1926The Supreme Court of Washington, in Cameron v. Bustard, 205 Pac. 385 , said: “One who went into possession of vacant property, and thereafter in complaint in tax foreclosure proceeding, did not hold such property under a claim of right as against the record owner.” In Bessler v. Powder River Gold Dredging Co. (Ore.) 178 Pac. 237 , the court said: “If. at any time prior to expiration of the period of adverse possession, the one in possession recognizes the title which he seeks to defeat by his hostile holding, it operates to break the continuity which is one of the essentials to adverse possess	1	1926–1926
Huntington v. Whaley green · 1860 1 sentence 1912It is said in Huntington et al. v. Whaley„ 29 Conn. 391 , that the doctrine of adverse possession is to be taken strictly.	1	1912–1912

Where else courts name it

CT 20 (1938–2024) OK 10 (1912–2000) TN 9 (1927–2024) IL 2 (1954–1960)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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