Drennen Land and Timber Co. v. Angell

• Decision Date: 21 June 1985
• Citation: 475 So.2d 1166
• Parties: DRENNEN LAND AND TIMBER COMPANY v. Ola C. ANGELL, Curtis Standridge, and Estell Standridge. 83-947.
• Court: Alabama Supreme Court

Page 1166

475 So.2d 1166

DRENNEN LAND AND TIMBER COMPANY v. Ola C. ANGELL, Curtis Standridge, and Estell Standridge.

83-947.

Supreme Court of Alabama.

June 21, 1985.

William Bew White and Braxton Schell, Jr. of Bradley, Arant, Rose & White, Birmingham, for appellant.

Alexander M. Smith, Oneonta, for appellee Ola C. Angell.

Jack Martin Bains, Oneonta, for appellees Curtis Standridge and Estell Standridge.

BEATTY, Justice.

This is an appeal from a judgment in favor of the defendants in plaintiff's suit to quiet title to certain real property. We affirm in part and reverse and remand in part.

By its complaint, Drennen Land and Timber Company (Drennen), sought to quiet title to all of the Southwest quarter (SW 1/4) of the Northeast quarter (NE 1/4), and the Southeast quarter (SE 1/4) of the Northeast quarter (NE 1/4) lying south of the Warrior River in Section 18, Township 13 South, Range 1 West, situated in Blount County. (See Diagram A.) John J. Angell and his wife, among others, were named defendants. An amendment to the bill added Curtis Standridge and wife as owners of a portion of the land in dispute. John J. Angell died after this action was filed, and his widow proceeded in his behalf, filing an answer and a counterclaim asserting that he had acquired title to a portion of the SW 1/4 of the NE 1/4 (see Diagram B) by deed from the Standridges. Defendants Standridges answered Drennen's complaint and alleged that they had acquired title to a portion of the SE 1/4 of the NE 1/4 (see Diagram C) by deed from Mr. and Mrs. Henry Standridge and also that they had acquired title through adverse possession.

The case was tried without a jury. The trial court and the attorneys took a view of the property during the hearing, following which the trial court decreed:

"Plaintiff's Complaint to quiet title to the southwest quarter of the northeast quarter of Section 18, Township 13, South, Range 1 West, lying south of Locust Fork of the Black Warrior River, in Blount County, Alabama, [is to] be and is hereby denied and Ola C. Angell is found to own the above described property in fee simple title. [See Diagram B.]

"....

"... Plaintiff's Complaint with regards to quieting title to the southeast quarter of the northeast quarter of Section 18, Township 13 South, Range 1 West, lying south of Locust Fork of the Black Warrior River in Blount County, Alabama, [is to] be and is hereby denied and Curtis Standridge and wife, Estelle Standridge are found to own the above described property in fee simple title. [See Diagram C.]"

The underlying basis for the trial court's finding in favor of the defendants was:

"Defendant Ola C. Angell and her predecessors in title have been in open, adverse, continuous, notorious and exclusive possession of all that part of the southwest quarter of the northeast quarter of Section 18, Township 13 South, Range 1 West, lying south of Locust Fork of the Black Warrior River, in Blount County, Alabama, for a period of more than twenty years next preceding the filing of the Complaint in this case, the Defendant Ola C. Angell and her predecessors in title have paid the taxes on said property for a period of time in excess of twenty years before the filing of the Plaintiff's Complaint, that the Defendant, Ola C. Angell's predecessors in title have cut, sold and removed timber on said property on several occasions between the years 1919 and 1968 and have exercised dominion and control over said property from 1887 to the date of the conveyance of said property to Defendant Ola C. Angell on December 1, 1971.

"....

"... Curtis Standridge and wife, Estelle Standridge, and their predecessors in title, have been in open, adverse, continuous, notorious and exclusive possession of all that part of the southeast quarter of the northeast quarter of Section 18, Township 13 South, Range 1 West, lying south of Locust Fork of the Black Warrior River, in Blount County, Alabama, for a period of more than twenty years next preceding the filing of the Complaint in this case, that Defendants Standridge and their predecessors in title have paid the taxes on said property for a period of time in excess of twenty years before the filing of the Plaintiff's Complaint, that the [their] predecessors in title have cut, sold and removed timber on said property on several occasions between the years 1919 and 1968 and have exercised dominion and control over said property from 1887 to the date of the conveyance of said property to Defendants Standridge."

Plaintiff contends upon appeal that (1) it has a record title in the property superior to any asserted by the defendants, and (2) that superior title could not be defeated by a claim of adverse possession by prescription which consisted of occasional acts of cutting timber and possession which were not exclusive.

In support of its assertion that it is the holder of record title to the property in dispute, plaintiff offered a deed from one A. Vaughn and wife, executed and recorded in 1884, conveying to Mary T. Gilliam:

"The Southeast quarter [SE 1/4] of Section 18 Township 13 Range 1 West, the Northeast quarter [NE 1/4] of the Southwest quarter [SW 1/4], Section 18 Township 13 of Range 1 West, and all that portion of the South half [S 1/2] of the Northwest quarter [NW 1/4] lying South of the Warrior River, same Section and Township above mentioned...." (Emphasis added.) (See Diagram D.)

In 1908, W.M. Drennen (sometimes referred to as Mel Drennen or Walter Melville Drennen) began obtaining deeds from the Gilliam heirs. He first acquired a deed from W.A. Gilliam and wife conveying to him a one-ninth interest in

"The South East quarter [SE 1/4] of Section (18) Eighteen Township (13) Thirteen Range (1) One West. The North East quarter (NE 1/4] of the South West quarter [SW 1/4] Section (18) Eighteen Township (13) Thirteen Range (1) one West and all of that part of the South half [S 1/2] of the North East quarter [NE 1/4] lying South of the Warrior River same section and township as above mentioned...." (Emphasis added.) (See Diagram E.)

During 1909 W.M. Drennen acquired three other deeds also conveying a one-ninth interest in essentially the same described property. In 1910 L.P. and Katie Warren executed a deed conveying to W.M. Drennen a one-ninth interest in property described in the same terms used in the Vaughn-to-Gilliam deed. (See Diagram D.) All of these deeds to W.M. Drennen were recorded in or before 1910.

In 1922, W.M. Drennen acquired and recorded eight quitclaim deeds from various persons, some of whom had earlier conveyed to him their one-ninth interest. Each of these quitclaim deeds conveyed to W.M. Drennen the SE 1/4, the NE 1/4 of the SW 1/4, and that portion of the NE 1/4 south of the Warrior River. (See Diagram E.) L.P. and Katie Warren were not among the grantors of these quitclaim deeds. Plaintiff claims title to the disputed tracts through a series of deeds and wills from the relatives of W.M. Drennen.

Defendants Standridges introduced a deed to one John H. Hambrick, dated April 9, 1887, conveying:

"That part of the following land East of the Warrior River to-wit: N.W. 1/4 of S.W. 1/4 Sec. 17 Township 13 Range one West and the S.W. 1/4 of N.E. 1/4 and S.E. 1/4 of N.W. 1/4 and N.E. 1/4 of S.W. 1/4 and N.W. 1/4 of S.E. 1/4 Section 18, All in Township 13 Range one West [excepting mineral rights]." (See Diagram F. We note that it is unclear as to what portion of the property in section 18 might be considered "east of the river.")

This deed was recorded on October 16, 1911. A deed from John H. Hambrick and wife to S.T. Rylant, describing the same property, was executed on November 23, 1889, and recorded on March 4, 1913. S.T. Rylant conveyed this land to Louis Johnson by deed dated February 18, 1919. This deed, however, was not recorded.

Standridge also introduced a deed, dated August 19, 1968, from the heirs of Louis Johnson to Curtis Standridge and wife, Estell Standridge, conveying the Southwest quarter (SW 1/4) of the Northeast quarter (NE 1/4), and the Southeast quarter (SE 1/4) of the Northwest quarter (NW 1/4) of Section 18, Township 13 South, Range 1 West (see Diagram G), "80 acres, more or less," with the following additional description:

"It being the intention to convey herewith all of the lands of which said Deceased died seized and possessed in said Section, Township and Range, whether herein correctly described or described at all."

This deed was recorded in 1968.

Following this, Standridge introduced a deed from himself and his wife to John J. Angell, Jr., and wife, Ola C. Angell, executed on December 1, 1971, containing the following description "All that part of the SW 1/4 of NE 1/4 and that part of the SE 1/4 of NW 1/4 all in Section 18, Township 13 South, Range 1 West, lying south of the Locust Fork of the Black Warrior River. [See Diagram H.]"

This deed was recorded on December 1, 1971.

As to the disputed tract in the SE 1/4 of the NE 1/4, Standridge introduced a deed from Henry and Ella Standridge to himself and his wife conveying, among other things:

"The North half [N 1/2] of the North East quarter [NE 1/4], the South East quarter [SE 1/4] of the North East quarter [NE 1/4], and the North East quarter [NE 1/4] of the North West quarter [NW 1/4] of Section eighteen, in Township thirteen south of Range one West of Huntsville Meridian in Alabama...." (See Diagram I.)

This deed was executed on December 1, 1965, and recorded March 5, 1973.

Certain timber deeds were also introduced into evidence. In 1937, persons under whom plaintiff claims conveyed all of the merchantable timber in that part of the Southwest quarter (SW 1/4) of the Northeast quarter (NE 1/4) of Section 18, Township 13, Range 1 West, lying south of the Black Warrior River, being 20 acres more or less. This deed was recorded in 1937. Again, by deed executed in 1942, plaintiffs' predecessors conveyed the merchantable timber on 20 acres in the South half (S...