George Patrick McNatt, Jr. v. Leslie Turbeville

162 So. 3d 881, 2015 Miss. App. LEXIS 234, 2015 WL 1898123
CourtCourt of Appeals of Mississippi
DecidedApril 28, 2015
Docket2013-CA-01666-COA
StatusPublished
Cited by3 cases

This text of 162 So. 3d 881 (George Patrick McNatt, Jr. v. Leslie Turbeville) is published on Counsel Stack Legal Research, covering Court of Appeals of Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
George Patrick McNatt, Jr. v. Leslie Turbeville, 162 So. 3d 881, 2015 Miss. App. LEXIS 234, 2015 WL 1898123 (Mich. Ct. App. 2015).

Opinion

*882 ROBERTS, J.,

for the Court:

¶ 1. This case involves the validity of a tax deed that was acquired by a purchaser who was living on the former landowner’s property. The Rankin County Chancery Court found that Leslie Turbeville had a fee-simple title to property that she bought at a tax sale, despite the fact that Turbeville had begun living on the property as the tenant of the former landowner, George Patrick McNatt Jr. The chancellor found no merit to the claim of Barney Eugene Finch, who received a quitclaim deed from McNatt, that Turbeville was prohibited from acquiring title to the property because of her status as McNatt’s tenant. Additionally, the chancellor held that the time that Turbeville had occupied the property after the tax sale defeated Finch’s claim that deficient publication rendered the tax sale void. Finch appeals. 1 Finding no error, we affirm.

FACTS AND PROCEDURAL HISTORY

¶ 2. McNatt owned a ten-acre parcel of land in Rankin County, Mississippi. In 1993, he began renting a lot to Turbeville for $100 a month. 2 Turbeville moved a mobile home onto the lot.

¶ 3. McNatt did not pay the 2001 ad valorem taxes on the property. In August 2002, Turbeville bought the property at the Rankin County Chancery Clerk’s tax sale. Since then, Turbeville has consistently paid the ad valorem taxes on the property. McNatt did not redeem the property, and Turbeville received a tax deed in August 2004. She filed a homestead exemption on the property during 2005.

¶ 4. In June 2009, McNatt quitclaimed his interest in the property to his first cousin, Finch. Finch did not pay McNatt anything in exchange. 3 Finch 4 then sued Turbeville and sought to set aside the tax sale. Finch claimed that the tax sale was void based on deficiencies regarding its publication and the description of the property. Finch also claimed that McNatt did not receive proper notice of the tax sale. The parties went to trial in January 2013. Turbeville, McNatt, and Finch testified.

¶ 5. Turbeville testified that she stopped paying McNatt rent in June 2002. According to Turbeville, McNatt told her that she could replace a septic tank in lieu of paying rent. Turbeville explained that McNatt’s ex-wife told her about the tax sale. After she purchased the property at the tax sale, Turbeville attempted to tell McNatt that she “had purchased the taxes.” Although she went to the house where McNatt had lived on the property “several times,” there was never anyone there. Turbeville testified that she has not seen McNatt living on the property since 2002. Her mobile home was approximately two-hundred feet from the house. She explained that she saw McNatt’s former house on a daily basis, and no one had lived in it since McNatt left. The house was always dark at night. There were never any candles, kerosene lamps, or any other sources of light. The house has been condemned.

*883 ¶ 6. After she remarried, Turbeville moved off of the property. That was sometime during 2009. Turbeville’s sister moved into the mobile home. Turbeville also rented a lot to Pam Bunn, who moved another mobile home onto the property. Turbeville’s husband cut the grass on the property, and her stepson hunted on it.

¶ 7. According to McNatt, he was living at a house on the property when the tax sale occurred in 2002. He claimed that he moved off of the property until 2011 or 2012. McNatt testified that he did not receive any notice regarding the 2002 tax sale. Regarding the process server’s return and its indication that no one was living in the house, McNatt said the return was incorrect. McNatt acknowledged that the house last had electricity and running water in 2005, because he could not afford the utilities. However, McNatt maintained that he continued to live in the house. He explained that he “used car batteries and 12-volt lights,” and he “got [his] water [from] other places.” McNatt also testified that he was a member of a “health fitness center,” and he took showers there.

¶ 8. The chancellor found that Turbe-ville treated the property as though it was her own for more than three years after she bought it at the tax sale, so Finch was statutorily barred from claiming that deficiencies in the tax sale rendered it void. As for McNatt’s quitclaim deed to Finch, the chancellor found that it was v.oid. Consequently, the chancellor reasoned that Turbeville had a fee-simple title to the property, and Finch’s quitclaim deed was “null and void.” Other aspects of the chancellor’s judgment will be discussed in the analysis below. Finch appeals.

STANDARD OF REVIEW

¶ 9. Appellate courts employ a limited standard of review on appeals ft-om a chancery court. Miller v. Pannell, 815 So.2d 1117, 1119 (¶ 9) (Miss.2002). We will not disturb the chancellor’s factual findings if they were supported by substantial evidence. Biglane v. Under The Hill Corp., 949 So.2d 9, 13-14 (¶ 17) (Miss.2007). However, we will reverse the chancellor if he abused his discretion, was manifestly wrong or clearly erroneous, or applied an erroneous legal standard. Id. We review questions of law de novo. Id.

ANALYSIS

¶ 10. Finch claims that the chancellor erred when he held that the property was Turbeville’s. According to Finch, Turbeville’s tenant status prevents her from asserting a claim that was adverse to her landlord’s property. Alternatively, Finch argues that the tax sale is void based on deficiencies regarding its publication. Finch also claims that McNatt did not receive proper notice of the expiration of the redemption period.

¶ 11. In Jordan v. Goodson, 558 So.2d 848, 851 (Miss.1990), the Mississippi Supreme Court held that “a tenant cannot assert title adverse to his landlord.” Finch reasons that since Turbeville was once McNatt’s tenant, her claim to the property cannot defeat his, which vicariously derives through McNatt. According to Finch, Turbeville would have had to stop being McNatt’s tenant before she could acquire the property. Finch argues that MeNatt’s failure to charge Turbeville rent after June 2002 does not amount to Turbeville’s repudiation of her status as McNatt’s tenant. Finch’s interpretation is that McNatt simply allowed Turbeville to continue living on the property without paying rent directly to him. Finch reiterates McNatt’s testimony that he allowed Turbeville to pay the ad valorem taxes or septic-tank expenses in lieu of rent.

*884 ¶ 12. The principle that a tenant may not assert a claim adverse to a landlord’s ownership of real property is not absolute. The supreme court has held:

The estoppel of the tenant to deny the title of the landlord without surrendering possession of the leased premises has relation generally to its status at the time of the creation or inception of the tenancy, and does not preclude the tenant from acquiring during his tenancy the title which was held by the landlord at the beginning thereof.

James v. Shaffer, 202 Miss.

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Cite This Page — Counsel Stack

Bluebook (online)
162 So. 3d 881, 2015 Miss. App. LEXIS 234, 2015 WL 1898123, Counsel Stack Legal Research, https://law.counselstack.com/opinion/george-patrick-mcnatt-jr-v-leslie-turbeville-missctapp-2015.