Quates v. Griffin

• Decision Date: 01 June 1970
• Docket Number: No. 45808,45808
• Citation: 239 So.2d 803
• Parties: Euel E. QUATES, Mrs. E. E. Quates Jenkins, Mrs. Flora E. Quates Smith, Slater Nelson Martin, Mrs. Vera C. J. Martin, Edward Slater Martin, Mrs. Johnnie Mae Martin Hall, and The Shelton Corp., Appellants, v. C. J. GRIFFIN and Wife, Mrs. Mellis B. Griffin J. E. Stack, Jr., A. F. Chisholm, W. Calvin Wells (As Trustee) and Whitney National Bank of New Orleans, Appellees.
• Court: Mississippi Supreme Court

Page 803

239 So.2d 803

Euel E. QUATES, Mrs. E. E. Quates Jenkins, Mrs. Flora E Quates Smith, Slater Nelson Martin, Mrs. Vera C. J. Martin Edward Slater Martin, Mrs. Johnnie Mae Martin Hall, and The Shelton Corp., Appellants, v. C. J. GRIFFIN and Wife, Mrs. Mellis B. Griffin J. E. Stack Jr., A. F. Chisholm, W. Calvin Wells (As Trustee) and Whitney National Bank of New Orleans, Appellees.

No. 45808.

Supreme Court of Mississippi.

June 1, 1970.

Rehearings Denied Oct. 12, 1970.

Brunini, Everett, Grantham & Quin, William Timothy Jones, John R. Hutcherson, Jackson, Minniece, Neville & Hamill, Meridian, Norman B. Gillis, Jr., McComb, for appellants.

Heidelberg, Woodliff & Franks, Luther M. Thompson, Jackson, Riddell & Dabbs, Quitman, for appellees.

PATTERSON, Justice.

This is an appeal by six of the lawful heirs of Mrs. M. E. Vinson from an adverse decree in a confirmation of title suit to sixty acres of land in Clarke County. The appellants claim an undivided 15/27ths surface interest and an undivided 5/144ths mineral interest in the subject lands. The appellees admit that Mrs. M. E. Vinson was vested with the entire surface interest of the land and an undivided 1/16th interest in the minerals at the time of her death. However, the appellees contend that they are the owners of the surface and mineral interests in question by virtue of deeds from two of the heirs of Mrs. M. E. Vinson and by adverse possession. The primary issue is one of cotenancy, ouster, and adverse possession.

Mrs. M. E. Vinson died on October 24, 1935 intestate. At that time she was vested with record title to the land in controversy and is the common source of title of the contestants. After an extensive hearing, the lower court adjudicated the defendants and cross-complainants to be the true owners of the contested interest by virtue of ouster, adverse possession, and laches. We reverse.

Mrs. Vinson was married four times. Of these marriages she had three children, Patrick O'Connor Quates and Florence Medora Quates by her first husband, and Alion Lott by her second husband. The children of Patrick O'Connor Quates, also grandchildren of Mrs. Vinson, Euel Quates, Evelyn Quates, and Flora Quates, are complainants in this suit. Florence Medora Quates married Peter Martin and to this union there were born four children, Alpha Martin, John Martin, Slater Martin and Dora Martin. Alpha Martin died intestate in 1961 leaving no issue. John Martin died intestate in 1958 leaving his widow, Vera Martin, a son, Edward Slater Martin, and a daughter, Johnnie Mae Martin, who are grandchildren of Flora Medora Quates Martin and great grandchildren of Mrs. M. E. Vinson. They are complainants in this suit as is Slater Martin, a grandson of Mrs. Vinson.

Dora Martin Tucker, the daughter of Florence Medora Quates Martin, conveyed her interest to Griffin, the defendant, as did the heirs of Alion Lott. The relationship of the complainants to Mrs. Vinson is undisputed. The suit is thus between the great granchildren and some of the grandchildren, as lawful heirs of Mrs. Vinson, and C. J. Griffin, the grantee in deeds from Dora Martin Tucker, a grandchild, and Mrs. A. L. Lott, the widow of Alion Lott, the son of Mrs. Vinson, who was joined therein by Daisy, Florence, and James, her children, who are grandchildren of Mrs. Vinson.

Mrs. M. E. Vinson acquired record title to the property by deed of January 11, 1928. However, this record discloses that she was in possession of the land from as early as 1924. Prior to moving upon the sixty-acre tract Mrs. Vinson resided upon other land in the community which was a mile or so to the west of that in question. All of the appellants were born in the Hebron Ridge community of Clarke County where this land is located and spent some of their early years there, but all had permanently departed by the year 1919.

Since 1916 to the present the principal defendant, C. J. Griffin, has resided upon lands adjacent to those in controversy. He was a neighbor of Mrs. Vinson who moved onto the land in 1924 and remained there until her death in 1935. As a matter of fact, Griffin rented the land, according to the testimony of one witness, from Mrs. Vinson for about a year prior to its purchase. Several days after the death of Mrs. Vinson, Alion Lott conveyed to Dora Martin Tucker, his niece, a granddaughter of Mrs. Vinson, by quit claim deed dated November 2, 1935, all his right, title and interest in the east one-half of Mrs. Vinson's sixty-acre farm. On the same day Dora Martin Tucker conveyed by quit claim deed to her uncle, Alion L. Lott, a son of Mrs. Vinson, all the right, title and interest she had in the west one-half of the sixty-acre farm. Both deeds were filed for record on November 2, 1935. The circumstances surrounding the execution of these deeds is explained somewhat by the testimony of one of the daughters of Alion Lott who was present when the matter was discussed by her father and Dora, her cousin. She testified on cross-examination as follows:

A. Well, they (Dora Tucker and Alion Lott) were just a talking, and they said they didn't know where any of the other children was at, and they said, well, my daddy says, 'Well, the only way I know to do this is you take this side and I will take this side, and I will make you a deed and you make me one.'

A. No sir, they didn't agree that they were the only ones that was supposed to own the place; they knew there were more heirs, but my daddy-

A. Well, my daddy said, 'I don't know about this', and he said, 'I don't know where Conner's children is at', and he says, 'But if you think it is all right, we will go ahead and do it', and so, that is what they did do.

After the exchange of deeds, Dora Tucker and her husband moved into Mrs. Vinson's home on the east one-half of the sixty acres. Alion Lott went into possession of the west one-half of the property and began building a small house thereon which was not completed due to his death.

Thereafter, on January 13, 1937, Mrs. Dora Tucker and her husband conveyed by warranty deed to C. J. Griffin the east one-half of the subject lands. This deed was filed for record on April 11, 1953, about sixteen years later.

Alion Lott died intestate prior to September 23, 1939, leaving his widow, Nonie, and three children, Daisy, Florence and James. On September 23, 1939, Nonie, Daisy and Florence conveyed by a quit claim deed the west one-half of the sixty acres to C. J. Griffin who filed this deed for record on April 18, 1940. Thereafter, on April 18, 1953, James Lott signed and acknowledged the original deed which was refiled for record on April 20 of that year.

Griffin took possession of the lands on the dates of the deeds and has maintained possession since that time. The acts of possession consisted of the paying of taxes, the removing of cross fences, the cutting of timber for the construction of a pond, the constructing of the pond, the filling in of gullies, and the improving of the pasture. In sum, his possession and acts of possession were commensurate with the actions of a person who considered himself to be the owner of the entire interest in the land. The possession was open, visible, and continuous for approximately thirty years prior to the filing of this suit.

Griffin testified that he thought he had a 'good deed' and that he was not aware of the heirs or their claims to the property. His use and acts of possession over the land were in accord with the normal agricultural practices of the area. The land was grazed by his cattle, the fences were kept in a good state of repair, the old Vinson home was repaired and occupied by Griffin's tenants continuously until about two weeks prior to this suit. However, on June 17, 1953, Griffin obtained a quit claim deed from the widow and children of Alion Lott for the purpose of strenghtening his title, a pertinent portion of which is as follows:

This conveyance is made for the purpose of perfecting the title of said C. J. Griffin to above described property. All of the grantors herein are adults, are under no legal disability, and are the sole and only heirs at law of A. L. Lott, deceased. Grantors aver that the said A. L. Lott died prior to September 23, 1939 and the grantors further aver that Mrs. M. E. Vinson who formerly owned above described property died prior to November 2, 1935 and at the date of her death the said Mrs. M. E. Vinson left surviving her as her sole and only heirs at law, Mrs. Dora Tucker and A. L. Lott, both of whom were adults and that after the death of the said A. L. Lott the grantors herein were entitled to any interest which he may have had in above described property, by reason of the death of said Mrs. M. E. Vinson (Emphasis added).

This deed was promptly recorded. From the record it is obvious that the statements in the deed designating the heirs of Mrs. Vinson to be only Mrs. Dora Tucker and A. L. Lott was erroneous. Griffin explained his procuring of this deed by stating that he didn't remember it. The chancellor in his opinion surmised that some oil man probably told Griffin that he might need to do a little something to get the title in better shape.

The defendant does not contend that he made an investigation of the public records, or engaged an attorney to do so, to determine the status of the title. Neither did he make inquiry of any of the other residents of the area who testified that they knew that Mrs. Vinson was married several times and left heirs or descendants other than Dora Tucker and A. L. Lott who conveyed to Griffin. It was also established that the first wife of the defendant, with whom he lived for many years, was a native of the area and knew there were other Vinson heirs. Other witnesses testified that it was generally known in the community that there were other descendants of Mrs. Vinson. In fact, one witness testified that the defendant knew of this, but admitted on cross-examination that he had not discussed the...