Cauley v. Sanders

• Decision Date: 15 August 1980
• Parties: Willie CAULEY v. Ovid E. SANDERS et al. 79-107.
• Court: Alabama Supreme Court

Page 891

388 So.2d 891

Willie CAULEY v. Ovid E. SANDERS et al.

79-107.

Supreme Court of Alabama.

Aug. 15, 1980.

Charles J. Kettler, Jr., Luverne, for appellant.

A. R. Powell, Jr., of Powell & Powell, Andalusia, for appellees.

EMBRY, Justice.

This is an appeal from a final judgment in favor of defendants, Ovid E. Sanders and Arva Nell Sanders, and against plaintiff, Willie Cauley. The judgment determined that neither plaintiff nor defendants were entitled to recover damages from the other for trespass; it set a boundary line between the lands of the plaintiff and defendants and held the defendants were the owners of certain disputed real property. We reverse and remand.

The center of this controversy is a small strip of land, approximately one acre, located in Covington County. The plaintiff and defendants both claim to own it.

The plaintiff Cauley initiated this action by filing a two-count complaint. Count one alleges that defendants had trespassed, and threatened to continue to do so, on land owned and possessed by plaintiff. In the complaint the land is described as follows:

"A lot or parcel of land described as follows: Commencing at the intersection of the North line of the NW 1/4 of NW 1/4 of Section 4, Township 5, Range 18 with the West side of U. S. Highway 331 and run thence South along the West side of said Highway for a distance of 1,281.6 feet to the point of beginning of the lot herein described, said point being 125.3 feet South of U. S. Highway marker P. C. Station 11 plus 89.2 and thence continuing South along the West line of said highway 203.2 feet; thence running South 88o 30' West for a distance of 280 feet; thence run North 64o 15' West for a distance of 198 feet; thence run North 9o 30' East for a distance of 324 feet; thence run South 52o 0' East for a distance of 191 feet; thence run South 75o 0' East for a distance of 305.5 feet to the point of beginning, said lot lying in the NW 1/4 of Section 4, Township 5, Range 18."

Attached to this opinion as an appendix is a sketch of the real property involved in this litigation. The property above described includes both parcel "A" and "B" shown on the sketch. It is bounded on the North and West by a fence; a field road is its southern boundary and U. S. Highway No. 331 is its eastern boundary. It consists of approximately 3.76 acres. Count two alleges that plaintiff owns the property and requests the court to quiet title in the land against any claim of defendants.

The case was tried ore tenus. The evidence discloses that both the land owned by defendants, the Sanderses, and that owned by plaintiff Cauley was at one time the property of one Jim Olmstead. In December 1963, Jim Olmstead and wife conveyed parcel "B" to their son James Kenneth Olmstead. In that conveyance the property was described as:

" * * * One acre in the SW-1/4 of NW-1/4 ¹ of Section 4, Township 5, Range 18, described as follows: Beginning at a point on the West Section Line 145 yards North of the Southwest corner of said forty; run thence South to the said Southwest corner; thence East 35 yards; thence North 135 yards; thence Northwest to point of beginning, less that portion South of a field road." (Emphasis added.)

The evidence also discloses that Jim Olmstead had at one time owned parcel "A," now occupied by Cauley. It is described as:

" * * * Commencing at the intersection of the North line of the NW 1/4 of NW 1/4 of Section 4, Township 5, Range 18, with the west side of U. S. Highway 331, and run thence South along the West side of said highway for a distance of 1281.6 feet to the point of beginning of the lot hereby described and conveyed, said point being 125.3 feet South of U. S. Highway Marker PC Station 11 k 89.2, and thence continuing South along the West line of said highway 203.2 feet to the South boundary line of said forty; thence running North 89 degrees and no minutes West 320 feet; thence running North 294.4 feet; thence running South 74 degrees and 22 minutes East 377.3 feet to the point of beginning, said lot lying in and being a part of the NW 1/4 of NW 1/4 of Section 4 Township 5, Range 18, containing 2 acres, more or less."

Jim Olmstead mortgaged this land to the Veterans Administration, which foreclosed after Jim defaulted. It was eventually purchased by W. B. Spear and wife. In August 1966, Mr. and Mrs. Spear in turn sold this property to Cauley under a contract of sale; it described only two acres as shown. This two acre tract is located, along with other land, within an old fenced area which contains almost two acres more land than that purchased by Cauley. One of these additional acres was the strip, parcel "B," that had been conveyed to James Kenneth Olmstead. Cauley moved onto the land described in the contract of sale in August 1966.

In April 1978, James Kenneth Olmstead conveyed parcel "B" to the Sanderses. At the time he was not in actual possession.

The evidence tends to show that Cauley had occupied and used all the land located within the fence, approximately 3.76 acres, for a number of years; however, the evidence was in conflict as to the exact number of years he had actually used the land owned by James Kenneth Olmstead that was subsequently conveyed to the Sanderses. Cauley, and witnesses in his behalf, testified plaintiff had used the land for ten years or more, while the Sanderses, and witnesses in their behalf, testified plaintiff had used the land for less than ten years.

The evidence further discloses that the events immediately precipitating the filing of this action occurred on or about 17 May 1978. On that date, in spite of warning by Cauley not to do so, Ovid E. Sanders, and his two daughters, who are not named in this action, crossed over a fence onto the one-acre of land, parcel "B," deeded to the Sanderses by James Kenneth Olmstead. Sanders and his daughters entered the land in dispute and measured the boundaries as described in the deed from James Kenneth Olmstead. During this incident one of the daughters came in contact with, and cut, an electric fence which had been erected by plaintiff. At the time, Cauley kept horses confined within a fence surrounding the entire 3.76 acre tract: parcels "A" and "B," plus a very small strip of land between the two parcels. The evidence in this case includes testimony of a surveyor which shows that the 3.76 acre tract contains more land than is described either in the deed to the Sanderses of parcel "B" or that which is described in the contract of sale by which Cauley acquired parcel "A." In the appendix we show it as "uncertain."

After the ore tenus hearing, the following decree was entered:

"This cause coming on for hearing before the Court and each of the parties being present and represented by counsel, the Court proceeds to hear the evidence orally.

"The Court finds from the evidence that neither party is entitled to recover damages from the other for trespass. The Court finds that the Plaintiff is the owner of the following described tract of land:

" 'Commencing at the intersection of the North line of the NW 1/4 of Section 4, Township 5, Range 18, with the west side of U. S. Highway 331, and run thence South along the West side of said highway for a distance of 1281.6 feet to the point of beginning of the lot hereby described and conveyed, said point being 125.3 feet South of U. S. Highway Marker PC Station 11 k 89.2, and thence continuing South along the West line of said highway 203.2 feet to the South boundary line of said forty; thence running North 89 degrees and no minutes West 320 feet; thence running North 294.4 feet; thence running South 74 degrees and 22 minutes east 377.3 feet to the point of beginning, said lot lying in and being a part of the NW 1/4 of the NW 1/4 of Section 4, Township 5, Range 18, containing 2 acres, more or less.'

And that the Defendants are the owners of all other lands described in the Plaintiff's complaint. And that the true boundary is that portion of the description hereinabove set forth which adjoins the lands of the Defendants.

"It is suggested that the parties employ a surveyor to stake said boundary lines.

"It is further ORDERED AND ADJUDGED by the Court that the Defendants' title to the lands which the Court has found them to be the owner of is quieted in the Defendants.

"It is further ORDERED AND ADJUDGED by the Court that the costs of this proceeding be and they are hereby taxed against the Plaintiff, for which let execution issue.

"Done and Ordered this the 31st day of May, 1979."

Thus, it can be seen that the trial court determined Cauley to be the owner of parcel "A" and the Sanderses to be the owners of parcel "B" and that designated as "uncertain."

The following three questions are presented:

(1) Was the trial court correct in implicitly finding that Cauley had not acquired title to parcel "B" by adverse possession?

(2) Was the trial court correct in finding Ovid Sanders not liable to plaintiff for a trespass?

(3) Did the trial court commit reversible error by finding that the Sanderses owned all the land described in Cauley's complaint except for parcel "A" and then quieting title in the Sanderses to that land?

We answer one and two in the affirmative, but, because we also answer three in the affirmative, we are compelled to reverse and remand.

Cauley contends the trial court erred to reversal by finding he did not own all the land described in his complaint, including parcel "B." He argues that he proved adverse possession of that parcel for more than ten years, therefore acquired title, and the trial court erred in concluding to the contrary. We disagree.

As mentioned, the evidence is disputed as to just how long plaintiff had actually been using the land in question. There was substantial evidence presented that Cauley's use of parcel "B" was for a period of from five to eight years. Furthermore, the evidence indicates: (1) Cauley and the Sanderses are not actually coterminous owners; (...