Anderson v. Jackson
| Decision Date | 26 April 2022 |
| Docket Number | 2019-CA-01773-COA |
| Citation | 338 So.3d 629 |
| Parties | Rosie ANDERSON and Charles White, Appellants v. Marion O'Neal Brown JACKSON, as Administratrix of the Estate of Levon Jackson Lawson, Shimeka Jackson, Terry Butler, and Levon Jackson, Jr., Appellees |
| Court | Mississippi Court of Appeals |
ATTORNEYS FOR APPELLANTS: BERNARD C. JONES JR., ASHLEY D. JONES, Ridgeland
ATTORNEY FOR APPELLEES: JOHN MARSHALL ALEXANDER, Oxford
BEFORE CARLTON, P.J., GREENLEE AND McDONALD, JJ.
McDONALD, J., FOR THE COURT:
¶1. Rosie Anderson ("Anderson"), the daughter and then-attorney-in-fact for Rosie Lawson ("Rosie"), and Charles White (Rosie's son) appeal from an October 17, 2019 Bolivar County Chancery Court's judgment confirming Levon Jackson Lawson's title to fourteen acres of inherited property. After a trial on the matter, Levon died on October 20, 2019, and his estate was substituted as a party (hereinafter at times referred to as "Levon"). Anderson and Charles (collectively referred to at times as "Anderson") challenge the chancery court's findings that Levon had met the requirements of adverse possession and also secured a valid tax title. They also claim the chancery court erred in finding that Rosie was guilty of "unclean hands" and that she lacked standing to contest the validity of a default judgment rendered against other heirs. Having reviewed the facts, relevant precedent, and arguments of counsel, we reverse the chancery court's findings that Levon had obtained title by adverse possession or by tax title and its finding that Rosie had "unclean hands," and we render judgment as stated below.
Facts
¶2. Prior to his death on December 9, 1977, Andrew Lawson owned two parcels of property in Bolivar County, totaling approximately fourteen acres combined (11.0494 acres in Tract 1 and 3.4087 acres in Tract 2). After his death, contentious litigation arose concerning the validity of a purported will by Andrew that would have given the entire property to Andrew's second alleged common law wife, Annie Mae Lawson, who was Levon's mother, to the exclusion of other heirs at law. The Bolivar County Chancery Court administering Andrew's estate ultimately denied probate of the will and adjudicated Andrew's heirs to be his widow Georgia; his surviving children James, Rosie, and Levon; and his grandchildren (children of two deceased children) Loretta Lawson, Linda Kay Lawson, Sandra Kay Lawson, William Johnson, and Frenchy Johnson Jr.
¶3. After Andrew's death and the chancery court's order in the estate proceedings, Rosie paid the taxes on the property even though she lived in Illinois. The tax assessor's records reflected that the property was owned by "Lawson Andrew," and notices were sent to "Lawson Andrew c/o Rosie Lawson" in Decatur, Illinois. Years later, Rosie and Levon discussed the property, and Levon began paying the taxes on the property sometime around 2000. Thereafter, tax notices were sent to "Lawson Andrew c/o Levon Jackson."
¶4. In 2012, Levon failed to pay the 2011 property taxes, which became delinquent on February 1, 2012. Levon then purchased the property at the 2012 tax sale held on April 2, 2012.1 At the time of the tax sale, "Lawson Andrew c/o Levon Jackson" was listed as the record owner of the property.
¶5. Two years later, the Bolivar County Chancery Clerk sent notice of the expiration of the redemption period ("Notice of Forfeiture to Land Owners") only to the property owner, "Lawson Andrew in care of Levon Jackson." The chancery clerk's April 17, 2014 affidavit indicated that the notice was sent certified mail to "Lawson Andrew c/o Levon Jackson" and signed for by "Levon Jackson." The affidavit further indicated that notice was served by the sheriff on "Levon Jackson" and published in the newspaper on March 2, 2014. The clerk's affidavit notes the following under "Contacts made":
Levon Jackson has been paying taxes for several years.
3/4 - talked to Rev. Willie Jackson - only Levon's mother Annie have (sic) interest in property - mother would want Levon to acquire so they will not pay.2
When no redemption was made, the chancery clerk issued a tax title to Levon on May 6, 2014.
¶6. On January 10, 2018, Levon filed suit in the Bolivar County Chancery Court seeking to confirm the tax title to the property. He also claimed title to the property by adverse possession. Levon's complaint named each of Andrew's heirs at law, as well as heirs of deceased heirs and the State of Mississippi as defendants. Levon served the non-resident parties by publication of notice of the lawsuit in the Bolivar Commercial newspaper on January 15, 22, 29, and February 5, 2018. The clerk issued Rule 4 summonses, M.R.C.P. 4, and mailed them by certified mail to individuals for whom addresses were provided, including Grace L.D.L. Austin, Bertha Lawson Ray, Viola Lawson White, Captain L. Lawson Jr., Andrew Lawson, Karen Hardy Lawson, Sandra Kay Lawson, and Rose Lee Lawson. The summonses did not contain a specific day or time for hearing on the matter—only that the defendants had thirty days from receipt to file an answer. Green cards showing receipt of the certified mailings were filed for Viola Lawson White, Rosie Lawson, Captain Lawson, and Sandra Kay Lawson.
¶7. The State of Mississippi answered the complaint on February 20, 2018, indicating that it could not deny Levon's allegations. An attorney for Rosie contacted Levon's attorney and asked for additional time to answer. On February 26, 2018, more than thirty days after publication and delivery of the summonses by certified mail, Levon sought and obtained a clerk's entry of default against all other defendants except the State and Rosie.
¶8. On March 9, 2018, the chancery court convened a hearing on Levon's complaint. He testified to his use of the land, saying that he farmed the land for twenty-five years after his father died until Levon's own health started to fail. Although Levon gave no specific date when he started his own farming, he said he was currently farming and had started when he retired. He did not testify to the date of his retirement. He told the court that no one from the family had farmed the land, but neighboring farmers had farmed it: "like this was their land right here ... they was farming all over here." Levon said, "That was another reason for us to get the title clear because if something happens to me, no one would know where the lines were." So he had a survey done on January 23, 2014.
¶9. Levon further testified that he started to gather the names and addresses of family members by going to reunions and funerals. He entered a list of forty-one individuals he claimed were heirs of Andrew Lawson and said he sent summons to each by certified mail.3 Levon also testified:
The chancery court entered a judgment against those non-responding defendants, and set the matter for hearing on April 4, 2018, at which time the court would enter judgment against Rosie unless she had filed a response contesting the complaint.
¶10. On April 11, 2018, Rosie's attorney-in-fact and daughter, Anderson, filed an answer and motion to dismiss Levon's complaint. She claimed that any use of the land by Levon was not exclusive, but permissive, and that any title he purchased at the tax sale constituted a constructive trust for himself and all of Andrew's heirs. She alleged that she received no notice from the chancery clerk of the expiration of the redemption period as required by statute.
¶11. The chancery court held a hearing on the merits on April 2, 2019. During the hearing, Levon's attorney's secretary, Karen Watson, testified that the first attorney Rosie retained in Illinois called their office, and she heard him say that he had no objection to Levon's obtaining a default judgment against the other heirs.
¶12. Levon testified that he had grown up on the land and helped his father farm it. He said that at the time of his father's death, he was in college.4 After Andrew's will was rejected, Levon said that the family denied him because he was illegitimate and put his mother out of the house. The family rift lasted for several years. Levon testified that in 1985 Rosie and her brother James borrowed money against property in Arkansas that belonged to Andrew's estate. He said they later deeded the property to Emil Erck, without Levon's permission, and that they also sold their father's farm equipment.
¶13. Levon said that at Frenchy Johnson Jr.’s funeral in 1999, family ties were restored.
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