Opinion
No. 41511.
May 30, 1960.
1. Adjoining landowners — boundaries — title to strip of land adjudicated.
Record on appeal in action involving title to strip of land supported Chancellor's conclusion that, under deeds, appellees owned property and were in possession of it as part of their residential lot.
Headnote as approved by Hall, J.
APPEAL from the Chancery Court of Lincoln County; J.F. GUYNES, Chancellor.
L.O. Smith, Jr., Jackson; R.P. Phillips, Brookhaven, for appellant.
I.W.L. Fallin and Juanita Fallin have no record title to the strip of land involved in this litigation. Allen v. Boykin, 199 Miss. 417, 24 So.2d 748; Archer v. Helm, 69 Miss. 730, 11 So. 3; Coleman v. White, 211 Miss. 29, 50 So.2d 715; Town of Como v. Pointer, 87 Miss. 712, 40 So. 260; Dunn v. Stratton, 160 Miss. 1, 133 So. 140; Finkbine Lumber Co. v. Saucier, 150 Miss. 446, 116 So. 736; Ford v. Jones, 226 Miss. 716, 85 So.2d 215; Goff v. Avent, 122 Miss. 86, 84 So. 134; Hulbert v. Fayard, 230 Miss. 1, 92 So.2d 247; Kersh v. Lyons, 195 Miss. 598, 15 So.2d 768; King v. Jones, 199 Miss. 666, 24 So.2d 860; Ladnier v. Cuevas, 138 Miss. 502, 103 So. 217; McManus v. Wilson, 138 Miss. 1, 102 So. 543; Mississippi Cent. R. Co. v. Ratcliff, 214 Miss. 674, 59 So.2d 311; Richardson v. Moore, 198 Miss. 741, 22 So.2d 494; Salmen Brick Lumber Co. Ltd. v. Williams, 210 Miss. 560, 50 So.2d 130; Texas Co. v. Newton Naval Stores Co., Inc., 223 Miss. 468, 78 So.2d 751; Williams v. Chaney, 236 Miss. 702, 112 So.2d 809; Yazoo M.V.R. Co. v. Lakeview Traction Co., 100 Miss. 281, 56 So. 393; 8 Am. Jur., Secs. 50, 52, 80 pp. 782, 783, 802, 803; 16 Am. Jur., Secs. 168, 170, 263 pp. 531, 533, 534, 586.
II. W.L. Fallin and Juanita Fallin acquired no title by adverse possession to the strip of land involved in this litigation.
III. The decision of the court below is against the overwhelming weight of the evidence. Crichton v. Halliburton Moore, 154 Miss. 265, 122 So. 200; Gerard v. Gill, 195 Miss. 726, 15 So.2d 478; Gillis v. Smith, 114 Miss. 665, 75 So. 451; Ivey v. Geisler, 213 Miss. 212, 56 So.2d 501; James v. Tax Investment Co., 206 Miss. 605, 40 So.2d 539; McCartney v. McKendrick, 226 Miss. 562, 85 So.2d 164; Puryear v. Austin, 205 Miss. 590, 39 So.2d 257; Stringer v. Stringer, 209 Miss. 326, 46 So.2d 791; Tarver v. Lindsey, 161 Miss. 379, 137 So. 93.
Jones Stratton, Brookhaven, for appellees.
I. The Chancellor's findings of fact are proper and correct and supported by the great overwhelming weight of the evidence. Kuljis v. Collins, 238 Miss. 281, 118 So.2d 307.
II. The Chancellor's findings of fact will not be reversed unless manifestly wrong. Griffith's Mississippi Chancery Practice (2d ed.), Sec. 674.
This suit involves the title to a small strip of land measuring 14 feet on West Monticello Street in the City of Brookhaven, Mississippi, and running in a northeasterly direction 217.22 feet to a point. The land is not in a business section but is in a residential section.
The chancellor made his findings of fact and conclusions of law after trial of the case and in his findings of fact he began with the title to this property in 1885 and traced it on down to date. There seems to have been some controversy as to the exact location of the 14 feet in question but the chancellor's opinion takes into consideration all of the deeds involving this property since 1885 and makes it crystal clear that the appellees own the property and are in possession of it as a part of their residence lot. He decreed accordingly, from whence comes this appeal.
(Hn 1) We have carefully considered the whole matter and we are of the opinion that the chancellor was correct and that we would not be justified in reversing his decision. Consequently the decree of the lower court must be and it is hereby affirmed.
Affirmed.
McGehee, C.J., and Lee, Kyle and Gillespie, JJ., concur.