Stewart v. Foxworth

Mississippi Supreme Court March 15, 1909

Stewart v. Foxworth, 95 Miss. 442 (Miss. 1909)

52 So. 354

Smith

Opinion of the Court

Smith, J.,

delivered the opinion of the court.

Appellants and those through whom they claim have been in open, notorious, and adverse possession of the land in controversy, other than that portion thereof inclosed within the fence erected by A. E. Foxworth, for more than forty years, claiming *446it as their own, and the finding of the chancellor to the contrary is clearly and manifestly wrong. Their title thereto is therefore perfect, and the decree of the court below, awarding a sale .thereof for division, of the proceeds> is erroneous.

Reversed and remanded.

Reference

Full Case Name: Harriet Stewart v. John Foxworth
Status: Published
Syllabus: Tenants in Common. Adverse possession. Statutes of Limitation. Code 1880, §§ 2664, 2665, 2668. Code 1892, §§ 2730, 2731, 2734. Code 1906, §§ 3090, 3091, 3094. Under Code 1880, §§ 2664, 2665, 2668, Code 1892, §§ 2730, 2731, 2734, Code 1906, §§ 3090, 3091, 3094, providing that suits for the recovery of land shall be brought within ten years from the accrual of the causes of action and that adverse possession for that time shall invest the occupant with title,- where the husband of a tenant in common, took exclusive and actual possession of the land, and his occupancy and that of those holding under him was open, notorious, adverse and continuous for ten years, title as against the co-tenants was divested, although the adverse claim was predicated of a purchase at a void judicial sale.