Kosofsky et al v. Byler et al

Filing 62

JUDGMENT with reasons set forth in 61 MEMORANDUM OPINION AND ORDER. Signed by Honorable Jimm Larry Hendren on October 1, 2014. (src)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
HARRISON DIVISION
DAVID KOSOFSKY and
RUSALYN KOSOFSKY
vs.

PLAINTIFFS
CASE NO. 13-3020

MELVIN BYLER,
ANGELA BYLER, and
FLYING B RANCH, LLC

DEFENDANTS
JUDGMENT

NOW on this 1st day of October, 2014, for reasons set forth in
the Court’s Memorandum Opinion and Order of this date, the Court
finds that plaintiffs should be awarded judgment declaring:
*

that defendants have no legal rights, titles or interests

in the disputed properties identified as Area 1 and Area 2 of the
Court’s said Memorandum Opinion and Order; that defendants’ claims
based

upon

adverse

possession,

acquiescence

and

prescriptive

easement are without merit; that such claims should be, and hereby
are, dismissed with prejudice; and
*

that plaintiffs are the legal and rightful owners of the

disputed two tracts of real property located in Searcy County,
Arkansas –- being Area 1 and Area 2 of Property A as identified in
the text of the Memorandum Opinion and Order – and that they are
entitled to immediate possession of the same.

It is so declared.

IT IS FURTHER ORDERED that defendants’ counterclaim based on
the theories of boundary line by acquiescence, adverse possession,

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and prescriptive easement should be, and hereby is, denied and
dismissed.
IT IS SO ORDERED.
/S/JIMM LARRY HENDREN
JIMM LARRY HENDREN
UNITED STATES DISTRICT JUDGE

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