Taranto v. Peoples Bank of Biloxi, 42106

• Decision Date: 08 January 1962
• Docket Number: No. 42106,42106
• Citation: 242 Miss. 607,136 So.2d 213
• Parties: Joseph S. TARANTO et ux. v. PEOPLES BANK OF BILOXI.
• Court: Mississippi Supreme Court

Page 213

136 So.2d 213

242 Miss. 607

Joseph S. TARANTO et ux. v. PEOPLES BANK OF BILOXI.

No. 42106.

Supreme Court of Mississippi.

Jan. 8, 1962.

Howard A. McDonnell, Biloxi, Morse & Morse, Gulfport, for appellants.

Knox White, Gulfport, for appellee.

LEE, Presiding Justice.

Peoples Bank of Biloxi, a corporation, in its bill against Joseph S. Taranto and wife, Marjorie, to cancel certain claims of the defendants to the property alleged to be owned by it, set out a deraignment of title to the property in question. It was shown that the Bank, on January 2, 1933, purchased the parcel of land, consisting of a frontage of 122 feet and a depth of 82 feet, as described therein; that, on August 9, 1938, the Bank sold to Mrs. Salvador Taranto a part of this property, namely, a frontage of 62 1/2 feet with a depth of 82 feet, as also therein described; and it charged that the defendants were asserting some kind of claim to the south 17 feet of its property, and sought to have such claim canceled and the grant of other relief.

The answer of the defendants admitted the correctness of the deraignment and their claim to the land in question. They made their answer a cross bill and charged that they had acquired title to the strip of land by adverse possession. They prayed for the confirmation of their title as against the complainant. In its answer to the cross bill, the Bank denied all of the material allegations therein set out.

At the conclusion of the evidence, in an oral opinion taken down and reduced to writing by the court reporter, the chancelor held that the evidence of adverse possession was insufficient to acquire title; that the cross bill of the defendants should be dismissed; that the claims of the defendants to the land should be cancelled and annulled; and that the title of the Bank should be quieted and confirmed as against the defendants.

From the decree in conformity with the opinion, which also awarded certain other relief, the defendants appealed. They contend here that the chancellor was manifestly wrong in the result which he reached.

Joe Taranto testified that he moved on the place with his mother after she had purchased it; that they exercised many acts of adverse possession thereover; and that they were claiming the property at the time as their own. His wife corroborated him relative to the use of the property. A large number of witnesses likewise testified about seeing chairs on the property and also acts of the Tarantos in their use which was calculated to cause others to believe that the land belonged to the Tarantos. It is unnecessary to enumerate the various acts which they detailed.

On the other hand, the evidence for the appellee was to this effect: When Joe's mother purchased the property, the line was pointed out to her. Between the years 1947 and 1950, Joe tried to purchase the Bank's lot. It was not until during the year 1955, after Joe's mother had deeded the lot to him on April 30, 1954, that he erected the building and carport. After the Bank had the lot surveyed and found that the two buildings were on it, Joe inquired if the Bank would sell the property. At no time during these negotiations did he claim that either he or his mother had acquired title to the land by reason of adverse possession or...