Burris v. Mcdougald

832 S.W.2d 707 (1992)

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Nature of the Case

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Facts

P, grandson of Winnie Elizabeth Stone, brought suit against D, daughter of Winnie Elizabeth Stone, claiming ownership in the property, basing his position on adverse possession and delay in recording D's deed. D filed a counterclaim based on the fact that she had a deed to the property. The trial court ruled that a valid deed was executed and delivered to D in 1951 and another person whose interest was subsequently conveyed to D, and this deed was not recorded until 1985. Winnie Elizabeth Stone, the grantor in the 1951 deed, died in the 1970s, with a will left all of her estate to her son, P's father, and that the occupancy of the land by Winnie Elizabeth Stone was not hostile to or inconsistent with the claim of D. Neither P nor anyone under whom P claimed was a creditor or good faith purchaser. The trial court concluded that P had not acquired title to the property by adverse possession. From the equities in this case, the long delay in recording the deed, and the use of the property by P and D the court held that P and D were tenants in common. D appealed.