Dean v. Slade
| Docket Number: | 2009-CA-01793-COA Linked Case(s): 2009-CA-01793-COA ; 2009-CT-01793-SCT ; 2009-CT-01793-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 11-09-2010 Opinion Author: Roberts, J. Holding: Affirmed. |
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| Additional Case Information: |
Topic: Real property - Adverse possession Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee, Carlton and Maxwell, JJ. Procedural History: Bench Trial Nature of the Case: CIVIL - REAL PROPERTY |
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| Trial Court: |
Date of Trial Judgment: 03-25-2009 Appealed from: Jackson County Chancery Court Judge: Jaye A. Bradley, Sr. Disposition: RULED THAT RICHARD DEAN FAILED TO PROVE OWNERSHIP BY ADVERSE POSSESSION Case Number: 2006-1049-JB |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Richard Dean |
PEPPER ALYCE PEARSON |
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| Appellee: | Katie C. Slade, L. Guy Jackson and Flora S. Nichols Ragan | JOHN MAJOR KINARD, KEVIN M. MELCHI | ||
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: | Richard Dean filed a complaint for adverse possession against Katie Slade, Guy Jackson, and Flora Nichols Ragan in a parcel of land near Vancleave. The Vancleave Property is also the subject of a complaint for partition of real property filed by Slade and Jackson. However, the partition suit was stayed pending the result of Dean’s adverse-possession claim. After a trial, the chancellor found that Dean failed to prove by clear and convincing evidence that he had adversely possessed the Vancleave Property. Dean appeals. |
| Summary of Opinion Analysis: | Dean argues that the chancellor erred in finding that Dean failed to prove that he had gained title to the property by adverse possession. The party claiming adverse possession must prove by clear and convincing evidence that his/her possession was under claim of ownership; actual or hostile; open, notorious and visible; continuous and uninterrupted for a period of ten years; exclusive; and peaceful. It is uncontested in the record that Dean changed the mailing address for the ad valorem taxes to his Texas address. It is further undisputed that when Slade became aware of the change, she contacted the Jackson County Tax Assessor’s Office and had the mailing address changed back to her address. Although it was established that Dean did not have any ownership rights in the property, the testimony of Jackson and Slade established that, at times, Dean held himself out to be a co-tenant, and Jackson and Slade believed him to be a co-tenant. Further, Dean’s several discussions since 1995, concerning purchasing the other co-tenants’ interests in the property, further established Dean’s position as a co-tenant in the eyes of Jackson and Slade. Additionally, Dean’s attempt to obtain title to the Vancleave Property though a tax sale tends to indicate that he recognized that Slade, Jackson, and possibly others had an ownership interest in the Vancleave Property. Given Dean’s illusory position as a co-tenant, none of his actions would have given the record title holders notice that he was attempting to adversely possess the property. Thus, there is substantial evidence to support the chancellor’s decision. |
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