McAllister v. Norville

514 So. 2d 1270, 1987 Ala. LEXIS 4473
CourtSupreme Court of Alabama
DecidedAugust 14, 1987
Docket85-1117, 85-1144, 85-1146 and 85-1149
StatusPublished
Cited by2 cases

This text of 514 So. 2d 1270 (McAllister v. Norville) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
McAllister v. Norville, 514 So. 2d 1270, 1987 Ala. LEXIS 4473 (Ala. 1987).

Opinions

MADDOX, Justice.

These appeals involve a dispute over the title to real property on Alabama’s Gulf coast, known as “Navy Cove” or “Pilot Town,” and is unique in that 14 bar pilots received title to the property in 1872, as tenants in common, with the right of each to stake out a portion of the property and build a house on it. The dispute involves successors in title to these 14 original bar pilots, and the specific question presented [1271]*1271on this appeal is whether the claimants/ap-pellees or their successors committed such acts of adverse possession and use of portions of the property which effected an ouster of their co-tenants. The trial court found that there had been an ouster. We reverse and remand, as to that finding.

These appeals are from an amended decree of the Circuit Court of Baldwin County by which the trial court basically awarded three sets of claimants/appellees either all or a part of their claim to a certain specific ownership claimed by them in a larger tract designated as “Navy Cove” (sometimes called “Pilot Town”), in fee simple. The claimants/appellees all claim to have acquired by adverse possession, against their co-tenants, the specific property awarded to them, and, in addition, each claimant/appellee claims to own an undivided interest in the remainder of the subject Navy Cove property.

All of the Navy Cove appellants, and all of the three sets of claimant/appellees, claim an interest in the Navy Cove property by virtue of an administrator’s deed, dated August 27, 1872, and filed October 6, 1872, recorded in deed book J, pages 59-60, in the Office of the Judge of Probate of Baldwin County, which was a deed to 14 original bar pilots.

These appeals involve two cases that were combined and consolidated before trial. The first suit was a bill to quiet title in personam to two acres (the Nicholls claim), and it was filed 27 years ago, on May 26, 1960. The Nicholls claim was filed by Eleanor J. Nicholls, William W. Nicholls, and Mary N. Spencer against Divie L. Ki-nard, Quincie A. Godwin, and A.S. Godwin, and was assigned case number 4949. The second suit was assigned case number 7546, and is the main case in which most of the Navy Cove appellants or their predecessors are listed as parties. It was filed on August 11, 1964. This second suit was filed against the other heirs of the 14 original bar pilots and others as tenants in common to five tracts of land, all being a part of the Navy Cove tract. The second suit (case number 7546) was to quiet title in rem and in personam and/or for partition or sale for division.

Various pleadings and substitutions of parties were made during the ensuing years, and the Norville claim, answer, and counterclaim were filed on November 21, 1979.

In May of 1986, the Nicholls claim was amended to include all parties to the combined cause, case number 7546.

The Circuit Court of Baldwin County in an order dated November 15, 1985, ordered the case to be tried on May 13, 1986.

The three claims were tried and resulted in the judgments appealed from.

Appellants, in their brief, set forth the following as the issues presented for review:

“(a) As to the Williams Claim
“1. Did the evidence in this case establish that Marita M. Reinhalter worked an ouster of her co-tenants as to ‘Lot A’ which was brought home to them at least ten years before August 11, 1964, and followed by at least ten (10) years’ adverse possession before August 11, 1964, or when the second suit was filed?
“(b) As to the Norville Claim
“1. Did the evidence in this case establish that Payton Norville worked an ouster of his co-tenants as to the twenty-seven (27) acre parcel which was brought home to them at least ten years before August 11,1964, and followed by at least ten (10) years’ adverse possession before August 11,1964, or when the second suit was filed?
“(c) As to the Nicholls Claim
“1. Was there a sufficient description of the two acre plot contained in any of the deeds under which the [Nichollses] claimed to give color of title to the land ultimately decreed by the trial court to be the [Nichollses’]’ two acres, as well as whether or not there was sufficient proof of ten (10) year or twenty (20) year adverse possession after an ouster of co-tenants as to the particular two acres awarded by the trial court’s amended decree to the [Nichollses]?”

[1272]*1272The facts are undisputed that the original 14 bar pilots agreed that each of them could build a home at any place on the entire Navy Cove tract, but that they would not get title to the place where their home was built, but would still remain the owners of an undivided one-fourteenth (Vuth) interest in the whole and in their homesite. Testimony to this effect appears in several places in the record.

The Nicholls Claim

The Nicholls claimants trace their ownership to John J. Smith. In 1875, three years after the Navy Cove grant to the bar pilots, Smith, who was not a bar pilot grantee, received a deed from one M.M. Moore, purporting to convey two acres of the Navy Cove tract to him. In 1884, Smith received a deed from one George Cook, a bar pilot grantee; that deed conveyed an undivided ½8 interest in the Navy Cove tract.

The Nicholls claimants contend that their adverse possession claim is based, not on the Cook conveyance, but on the Moore conveyance. Thus, they argue, they bear no burden to show ouster, as they are not claiming as cotenants.

In support of their claim, the Nicholls claimants presented evidence that John J. Smith had owned a home on the site until it was destroyed by a hurricane in 1906, that they had paid taxes on the property annually, that they had destroyed a shack and lifeboat placed on the property in 1959 by an outsider, and that at some point Ellen Nicholls caused another of the Navy Cove descendants to remove a fence that had been erected around the subject property. Finally, the Nicholls claimants introduced testimony by H.W. Graham, a registered surveyor, which showed that Graham had, about 1951, surveyed the property site and driven corner stakes corresponding to the area that the Nichollses claimed as their own.

The appellants, in their briefs, contend that the description in the M.M. Moore deed to John J. Smith is too vague, referring as it does to fencerow boundaries which have not existed since the 1906 hurricane and tidal wave. Further, they argue that the Nicholls claimants, as tenants in common, did not prove ouster in the trial court, and that the trial court’s judgment should be reversed on that basis.

The Williams Claim

Joseph David Williams asserts an interest in the Navy Cove tract as successor to his aunt, Marita Reinhalter, who the record suggests was the daughter of one of the original Navy Cove grantees. His evidence at trial showed that Reinhalter had a portion of the Navy Cove tract surveyed in 1950, that she constructed a home on that parcel, that she posted “No Trespassing” signs at regular intervals around her claimed boundary, that she erected decorative gates and did landscaping, and that she had opened an office and attempted, apparently without success, to sell subdivided lots out of the parcel adjacent to her home.

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Related

Godwin v. Dorgan
811 So. 2d 503 (Supreme Court of Alabama, 2001)
McAllister v. Norville
568 So. 2d 1216 (Supreme Court of Alabama, 1989)

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Bluebook (online)
514 So. 2d 1270, 1987 Ala. LEXIS 4473, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcallister-v-norville-ala-1987.