[Download] "Estate of Jones" by Mississippi Supreme Court ~ Book PDF Kindle ePub Free
eBook details
- Title: Estate of Jones
- Author : Mississippi Supreme Court
- Release Date : January 18, 1998
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
Quieting Title — Adverse Possession — Cotenancy — Ouster of Cotenant — What Sufficient — Findings — When Conclusive. Equity — Findings — When Conclusive — When not. 1. In equity cases the findings of the trial court will not be disturbed on appeal, except where the evidence clearly preponderates against them. Appeal and Error — Presumption of Correctness of Judgment. 2. On appeal the presumption is indulged that the judgment is correct, and the burden rests on the appellant to show reversible error. Quieting Title — Adverse Possession — Statute — "Claim of Title" — Definition. 3. The term "claim of title" used in section 9019, relative to adverse possession, in providing that where the occupant of land Page 176 entered into possession "under claim of title" etc., held to mean "color of title" which is title in appearance but not in reality, and color of title may be shown by any instrument purporting to convey the land or the right to its possession, provided claim is made thereunder in good faith. Same — Adverse Possession — "Claim" and "Color of Title." 4. While claim of title is essential to impart to possession the element of hostility, where land is claimed adversely, color of title, except where required by statute, is not required; but in the absence of color of title the possession extends only to the limits of the visible actual occupancy, while actual possession of part of a tract, with color of title to the whole, extends the possession to the limits fixed by the color of title. Same — Cotenancy — Adverse Possession Claimed by Cotenant — Rule. 5. A cotenant claiming as such who enters on the common land is but exercising a right which his title gives him and his resulting possession is presumed to be the possession of himself and his cotenants, but where it appears that he holds, not in recognition of, but in hostility to, the rights of his cotenants, his possession becomes adverse, and if maintained for the period provided for by the statute, will vest in him sole title by adverse possession. Same — Adverse Possession by Cotenant — Ouster — What Sufficient. 6. Though actual ouster of a cotenant must be made to appear in order that adverse possession claimed by his cotenant may be maintained, physical ouster is not essential, it being sufficient if exclusive ownership is claimed and the claimant denies the right of the other to any interest in the property. Same — Possession by Grantee of Cotenant — Knowledge of Hostile Character of Possession Assumed in Other Cotenant. 7. Where one goes into possession of property under a deed, executed by a cotenant, purporting to convey the entire property, such possession is hostile to that of the other cotenant and the latter is charged with knowledge of the hostile character thereof. Same — Adverse Possession — Cotenancy — What Sufficient to Oust Cotenant. 8. Where defendant in an action to quiet title to a portion of a mining claim asserted an interest in the land as tenant in common by mesne conveyance from its predecessor in interest, plaintiffs claiming title by adverse possession, and the testimony showed that plaintiffs entered into possession under color of title exclusive of the rights of all others, founding their claim upon a deed, that the predecessor for fourteen years prior to his death never asserted any right to the property, and, though living within two or three miles thereof and presumptively with knowledge of the use to which the property was being put by plaintiffs never demanded any portion of the rents, issues and profits derived therefrom, the adverse ownership by plaintiffs was sufficient Page 177 to charge him with knowledge and sufficient to oust him, and to warrant a finding of title by adverse possession as a matter of law, under the above rules.