Terry v. Unknown Heirs of Gibson

• Decision Date: 15 February 1915
• Docket Number: 16549
• Citation: 67 So. 209,108 Miss. 749
• Court: Mississippi Supreme Court
• Parties: TERRY v. UNKNOWN HEIRS OF GIBSON

67 So. 209

108 Miss. 749

TERRY v. UNKNOWN HEIRS OF GIBSON

No. 16549

Supreme Court of Mississippi

February 15, 1915

APPEAL from the chancery court of George county. HON. J. M. STEVENS Chancellor.

Suit by R. T. Terry against unknown heirs of John D. Gibson. Judgment for defendant and plaintiff appeals.

The facts are fully stated in the opinion of the court.

Affirmed.

Geo. W Ellis and Wells, May & Sanders, for appellant.

H. B Everitt and Watkins & Watkins, for appellees.

OPINION

REED, J.

Appellant filed his bill in chancery to quiet the title to forty acres of land, being a quarter of a quarter section situated in George county. The land was a part of a tract of eighty acres which was entered under the United States land laws by John D. Gibson in 1836. John D. Gibson occupied the land he so entered until his death in 1853. He died intestate, leaving as his heirs at law his widow and eight children. His widow continued to reside on the land, which was the homestead of the family, until her death in 1892. A son, David Gibson, resided with his mother and continued the occupancy of the land after her death. Appellant acquired the title which he claimed to the land by conveyances from David Gibson; the deeds to him being from grantees under conveyance from David Gibson.

In the original bill filed by appellant he alleged that the other heirs at law of John D. Gibson had made a parol gift to David Gibson of their undivided shares and interests in the land upon the consideration and agreement that he should remain on the place and support and care for his mother, and that he took possession of the land under such gift and continued to occupy, use, and improve it, claiming the same adversely to all others.

Certain of the heirs of John D. Gibson, who had been made parties to the suit under the citation published to unknown heirs, appeared and filed an answer to the bill, denying the material allegations thereof. Thereupon appellant filed an amended bill, in which he claimed title alone through the adverse possession and occupancy of the land by David Gibson. In his amended bill he averred that certain improvements had been made on the land, and prayed that, if the court should find that the title to the land was in all the heirs of John D. Gibson, and not in him alone, he should be allowed to recover for improvements and taxes, less reasonable rents and profits for the use of the land.

Upon the final hearing the court decreed that appellant owned an undivided interest in the tract of forty acres which he acquired through conveyances from David Gibson, and that such land was a part of the common estate owned by the heirs of John D. Gibson in common. The relief--that is, the quieting of title--prayed for was denied, and appellant's bill of complaint dismissed.

The court, after stating in the final decree that some of the heirs of John D. Gibson, who had been brought into court by publication to nonresident heirs on the original bill, had not appeared and were not represented by counsel in the case and that...