Harper v. Paradise

233 Ga. 194, 210 S.E.2d 710 (1974)

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Nature of the Case

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Facts

In 1922, Susan Harper conveyed a life estate in a farm to Maude Harper, with a remainder in fee simple to Maude's children (P). This was done by warranty deed, and the farm was 106.65 acres. The deed recited $5 consideration and natural love and affection. The deed was lost until 1957 when it was found by Clyde Harper, one of the named remaindermen, in an old trunk that belonged to Maude. The rediscovered deed was recorded in 1957. By 1928 Susan had died, and her heirs gave Maude a quitclaim deed in fee simple. Only one heir, John Harper, refused to execute this deed. The 1928 deed expressly noted that the prior deed had been lost. This new deed was recorded in 1928. In 1933, Maude conveyed the property in fee simple to Thornton to secure a fifty-dollar loan, which was recorded the same day. In 1936, Thornton foreclosed, taking the property. She got a sheriff’s deed, which was recorded in 1936. There was an unbroken chain of record title out of Thornton to Paradise (D), who claimed the property as grantees under a warranty deed executed and recorded in 1955. D also asserts title by way of peaceful, continuous, open and adverse possession from their predecessors in title beginning in 1940. In 1957, the original 1922 deed was recorded after it was discovered in the trunk. After Maude died in 1972, her children claimed title as remaindermen under the deed for life tenancy, which had been lost for thirty-five years, then found and recorded. D claimed the land as an adverse possessor. The trial court found that D had superior title. P appealed.