Scott v. Emanuel
Scott v. Emanuel
Opinion of the Court
This was an action filed January 2, 1951, by Salina Scott to quiet her title to an undivided 546 interest in and to the Northeast Quarter of Section 18, Township 4 North, Range 7 East, in Pontotoc County, Oklahoma, and to recover the possession of such interest. Judgment was entered for the appellee, W. M. Emanuel, and this appeal follows.
The land in question was the homestead of Felin Bean, a one-half blood restricted Chickasaw Indian. Felin died January 1, 1917, survived by his widow, Tennessee Alexander, and three daugh
Tienie Bean died in 1925. Her interest descended to her daughter, Salina Scott, the appellant. Rosa Bean died in 1927. Her interest descended each to Salina Scott and Lucy Bean, in equal portions, and % to her husband, Hicks Palmer.
While the trial court found that the probate court proceedings were void and did not divest Tienie Bean of her % interest in the land, it further found that Tienie Bean knew since 1921 that the other heirs of Felin Bean, Tennessee Alexander, Rosa Bean and Lucy Bean, claimed to be the owners of the land and refused to recognize her as the owner of any interest therein, and that W. M. Emanuel went into possession under warranty deeds from his grantors, claiming to be the owners in fee simple title to the land more than fifteen years before the appellant instituted her action and that she was, therefore, barred by the statute of limitations from asserting her claim. With respect to the deed from Watson Palmer to W. M. Emanuel, the court found that although the deed was not approved until a few days after January 1, 1936, the approval related back to the date of the deed. The court found that Emanuel went into possession of the interest conveyed by Watson Palmer on the date of the deed.
The court’s conclusion that the approval of the deed related back to the date of the deed for the purpose of starting the running of the statute of limitation is challenged by appellant. This challenge is not without substance. The doctrine of relation back is a legal fiction intended to promote the ends of justice.
The court’s conclusion that Salina’s interest was barred by adverse possession is not based alone on its conclusion
Legal proceedings which purport to determine and vest title although irregular or void are nonetheless sufficient to constitute color of title to
Since Lucy Bean, an unenrolled three-fourths blood Chickasaw Indian, born after January 4, 1906, received no allotment, she was under the Act of May 27, 1908, 35 Stat. 312, entitled to all of the rents and profits from this homestead until April 26, 1931. She was in effect a tenant in possession for a term of years and during such time an action could not be brought against her by Tienie for the possession of her interest in the real estate.
That Tienie and her heir, Salina Scott, had notice of the adverse claim of Tennessee, Rosa and Lucy, is clear from the record. She was a party to the county court proceedings where in 1921 it was adjudicated that she was not an heir and had no interest in the land in question. The record recites that she was served as required by law. Furthermore, when the petition for approval of the deed from Tennessee and Lucy to W. M. Emanuel reciting that the sole heirs of Felin Bean were Tennessee, Rosa and Lucy, came on for hearing in the county court, S. H. Mount, Guardian of Salina Scott, appeared and asserted his ward’s claim in the land. The county court made a finding in the order approving the deed that the heirship of Felin was as alleged in the petition. On June 1, 1935, Salina Scott entered into a contract with an attorney to take all necessary legal steps to recover her interest in the land. This makes it too clear for
The title to the land in question came to W. M. Emanuel by an unbroken chain of title from Tennessee, Rosa and Lucy, claiming to be the owners of the entire tract and those claiming under and through them as heirs. We, therefore, have complete privity of interest between Tennessee, Rosa, Lucy, their heirs ana W. M. Emanuel.
There is no finding or showing in the record that the adverse possession on the part of Tennessee, Rosa, and Lucy, and their ouster of Tienie was not continued by their successors in interest. There is a complete absence of any showing that any successor to the interests of Tennessee, Rosa or Lucy ever recognized any interest in Tienie or Salina Scott. The presumption, therefore, must be that the possession and claim of ownership on the part of the successors to the interests of Tennessee, Rosa and Lucy remained adverse to Tienie and Salina. The cases hold that where there is privity of interest the possession of a successor may be added to that of the predecessor in determining the period of limitation.
The trial court specifically found that W. M. Emanuel “went into possession of said lands under general warranty deeds from his grantors, claiming to be the owner of the fee simple title of said lands for more than fifteen (15) years before plaintiff’s law suit was filed.” The court found that while the deed from Watson Palmer was not approved until shortly after January 1, 1936, that Emanuel was in possession from the date of the deed.
Approval of the deed from Watson Palmer was essential to its validity. It may be that until it was so approved it was invalid, but an invalid or void deed may constitute color of title
Affirmed.
. There are other appellees but since they claim title through W. M. Emanuel reference need not be made to them.
. Rosa Bean left a will which need not be considered, because it was declared invalid.
. Hicks Palmer also left a will which was declared invalid.
. Johnston v. Jones, 1 Black 209, 221, 17 L.Ed. 117; Canfield v. Jack, 78 Okl. 127, 188 P. 1040; Windey v. North Star Farmers Mut. Ins. Co., 231 Minn. 279, 43 N.W.2d 99; Peyton v. Desmond, 8 Cir., 129 F. 1.
. Unick v. St. Joseph Loan & Trust Co., 146 Neb. 789, 21 N.W.2d 752; Clymer’s Lessee v. Dawkins, 3 How. 674, 11 L.Ed. 778.
. Elder v. McClaskey, 6 Cir., 70 F. 529: Maxwell v. Hamel, 138 Neb. 49, 292 N.W. 38; Beatty v. Miley, 204 Okl. 634, 233 P.2d 269; Haskett v. Maxey, 134 Ind. 182, 33 N.E. 358, 19 L.R.A. 379.
. Wheeler v. Taylor, 32 Or. 421, 52 P. 183; Lewis v. Smith, 187 Old. 404, 103 P.2d 512, 516; Winterburn v. Chambers, 91 Cal. 170, 27 P. 658.
. Jamison v. Wells, Mo.Sup., 7 S.W.2d 347; Mehard v. Little, 81 Okl. 1, 196 P. 536.
Reference
- Full Case Name
- Salina SCOTT v. W. M. EMANUEL Wilma Chism, now Lain W. T. Gordon C. L. McArthur Opal M. Kemp Mabel M. Parker Earl V. Parker Flora Carter and George Carter
- Cited By
- 1 case
- Status
- Published