Question: Oscar was declared insane and committed to a state mental hospital in 1948. In 1955, Oscar executed and delivered to Robert a deed for Cattle
Oscar was declared insane and committed to a state mental hospital in 1948. In 1955, Oscar executed and delivered to Robert a deed for Cattle Acre which is a 200 acre parcel of land enclosed by barbed wire fences. There is a solid wood fence running through the middle of Cattle Acre which separates the property into approximately equal segments, one on the west and the other on the east. Robert recorded the deed, entered the land, and began grazing cattle on the westerly parcel. Nobody besides Robert has been in possession of Cattle Acre since 1955 and Robert's possession has only been on the westerly parcel. The period of time to acquire title by adverse possession is 15 years, but there is an insanity disability rule in the jurisdiction which tolls the running of the time period. In 1965, Oscar was released from the hospital, but he took no action against Robert until 1978, when he brought an action to eject Robert on the ground that he, Oscar, held the paramount title to Cattle Acre. In this action, Robert will: Question 1 options: a) Win, because he has acquired title to Cattle Acre by adverse possession. b) Win, but only as to the westerly parcel because that is the portion of the land which he actually occupied during his adverse possession. c) Lose, because Oscar can assert the defense of laches because Robert did not bring an action to quiet his title within a reasonable time after the statute had run. d) Lose, because Oscar was insane during the period 19
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