Linton v. Cross
| Docket Number: | 2002-CA-00741-COA Linked Case(s): 2002-CT-00741-SCT ; 2002-CT-00741-SCT ; 2002-CT-00741-SCT ; 2002-CT-00741-SCT ; 2002-CT-00741-SCT ; 2002-CT-00741-SCT ; 2002-CA-00741-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 09-02-2003 Opinion Author: Meyers, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Real property - Adverse possession Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving, Chandler and Griffis, JJ. Procedural History: Jury Trial Nature of the Case: CIVIL - REAL PROPERTY |
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| Trial Court: |
Date of Trial Judgment: 02-01-2002 Appealed from: Lauderdale County Chancery Court Judge: Jerry Mason Disposition: DISPUTED PROPERT CONFIRMED IN APPELLEES. APPELLANTS’ MOTION FOR NEW TRIAL AND/OR RELIEF FROM JUDGMENT DENIED. Case Number: 99-950-M |
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| Party Name: | Attorney Name: | |||
| Appellant: | Anita H. Linton and Husband, Harley Linton |
WALTER T. ROGERS |
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| Appellee: | Frank L. Cross and Fredna S. Cross | LESTER F. WILLIAMSON |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Real property - Adverse possession |
| Summary of the Facts: | The Lintons and the Crosses were adjoining property owners. A fence was located north of the Linton-Cross boundary. The Crosses sued to quiet title in the area that was north of their surveyed boundary but south of the fence line. The court confirmed title to the property in the Crosses, and the Lintons appeal. |
| Summary of Opinion Analysis: | A claim of adverse possession requires a showing that the possession is under claim of ownership; actual or hostile; open, notorious, and visible; continuous and uninterrupted for ten years; exclusive; and peaceful. When the Crosses moved onto the property in 1988, they conducted acts that would display claims of ownership, such as bushhogging the disputed area, fertilizing the pecan trees and gathering pecans on the disputed area, and constructing a horse pen on the disputed area. As the Lintons lived approximately 200 yards away from the fence line, the Crosses’ acts of ownership should have been easily visible to them. The Crosses performed the acts of ownership from 1979 until at least 1995. There was no evidence that anyone other than the Crosses had used the disputed property during that time. The Lintons never objected to the Crosses’ use of the property. Given this evidence, the court did not err in confirming title in the Crosses. |
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