Walters v. Rogers
Walters v. Rogers
Opinion of the Court
This suit involves title to 1.06 acres of land situated in the northeast corner of SEI4 of NE1^, Section 24, Township 6, Range 6 in Scott County, described as being 4.23 chains in length from north to south and 2.50 chains in width from east to west. In 1899 R. D. Chapman owned the entire 40 acre tract, together with a large quantity of other land in the same vicinity, and in that year he conveyed to R. C. McEwin 5 acres in the southeast corner of said 40 acre subdivision measuring 1 acre wide and 5 acres long, running north and south. Through subsequent grantees the appellant herein became and now is the owner of said 5 acre tract. R. D. Chapmam enclosed the remainder of his land, including the said 1.06 acres, under fence. After his death, his heirs conveyed to C. F. Bishop the SE1^ of the NE% "less 5 acres on the east side” and under this de
This case is controlled by Crowder v. Neal, 100 Miss. 730, 57 So. 1, where it is said: “In order that appellants’ title to the land in controversy may have become perfect by adverse possession, it is necessary for it to have been held adversely by their grantor, Mrs. Gunning, and that their (appellants’) possession should be tacked to that of Mrs. Gunning. It is manifest from the evidence that Mrs. Gunning, while in possession of this land, intended to, and did, claim it as her own under an honest, but mistaken, belief that it was within the calls of her deed. Her poss’ession was, therefore, adverse. Metcalf v. McCutchen, 60 Miss. 145. That she would have surrendered possession, had she known that the land was not within the calls of her deed, is immaterial; for the character of her possession is determined, not by what she would have done, had this fact been known to her, but by what she actually did while in possession.
‘ ‘ This land is not included within the calls of the deed by which the lot owned by Mrs. Gunning was conveyed to appellants; but it is manifest from the evidence that all parties to this deed intended that it should he, and thought that it was, so included, and that possession thereof was by Mrs. Gunning turned over to appellants as a part of the land conveyed. It follows, therefore, that appellants’ possession can he tacked to that of Mrs. Gunning. This is in accord with the great weight of authority as will be seen by an examination of the cases cited in the briefs of counsel.” See also Ricketts v. Simmons, 44 So. 2d 537, not reported in the State reports.
The appellee was entitled to tack his possession onto that of his predecessors in title. There is some argument by the appellant that the appellee has lost his title by abandonment, but we have held in Meyerkort v. Warrington, 19 So. 2d 433, that title, once acquired, can not he lost by abandonment. See also Walker v. Polk, 208 Miss. 339, 44 So. 2d 477, and Waldrop v. Whittington, 213 Miss. 567, 57 So. 2d 298. The decree of the lower court is therefore affirmed.
Affirmed.
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