Schaeffer v. Maddox

794 So. 2d 1139, 2000 Ala. Civ. App. LEXIS 657, 2000 WL 1563008
CourtCourt of Civil Appeals of Alabama
DecidedOctober 20, 2000
Docket2990799
StatusPublished
Cited by1 cases

This text of 794 So. 2d 1139 (Schaeffer v. Maddox) is published on Counsel Stack Legal Research, covering Court of Civil Appeals of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Schaeffer v. Maddox, 794 So. 2d 1139, 2000 Ala. Civ. App. LEXIS 657, 2000 WL 1563008 (Ala. Ct. App. 2000).

Opinion

CRAWLEY, Judge.

This case involves a dispute as to the ownership of certain real property which was originally owned by Benjamin F. Per[1141]*1141kins (the “father”). Esther R. Schaeffer and Mary R. Burrage (who are the father’s daughters) sued Terry Maddox and other defendants, alleging that the daughters owned the real property and alleging that the defendants were trespassing upon the real property. The daughters sought damages for the trespass and a judgment declaring that they are the owners of the real property. Maddox and the other defendants are the trustees of the Hartline Assembly Church of God (the defendants will be collectively referred to as the “church”). The church meets in a building located on the disputed real property. The church counterclaimed, alleging that it has adversely possessed the real property upon which it meets and alleging that the daughters trespassed upon its real property. Both the daughters and the church claim title to the real property via deeds from the father. The daughters filed a motion for summary judgment, which the trial court denied.

The trial court submitted the issues of trespass and adverse possession to a jury. The trial court did not submit the daughters’ declaratory judgment to the jury. The jury returned a verdict finding that the church has title to the real property through adverse possession and that neither the church nor the daughters had trespassed on the real property. The trial court entered a judgment for the church based on the jury verdict and in favor of the church on the daughters’ declaratory-judgment claim. The daughters filed a motion for a new trial, which the trial court denied. The daughters appealed to the Supreme Court which transferred the case to this court, pursuant to Ala.Code 1975, § 12-2-7(6).

The father built a church building on his real property in 1963. In 1968, he deeded less than one acre of his land to The (Original) Church of God; this is the land at issue in this case. In 1972, the father, Maddox, and other persons incorporated the Hartline Assembly Church of God. In 1975, the father conveyed his real property to his daughters, reserving a life estate. In 1976, as a result of a lawsuit, The (Original) Church of God conveyed back to the father the land the father had deeded to it in 1968. In 1978, the father deeded this land to the church. The father died in 1993.

The daughters first argue that the court erred by submitting to the jury the issue whether the church had adversely possessed the property. In order for the church, a coterminous landowner, to prove adverse possession it must prove “open, notorious, hostile, continuous, and exclusive possession for ... 10 years.” Moss v. Woodrow Reynolds & Son Timber Co., 592 So.2d 1029, 1030 (Ala.1992).

We agree with the daughters that, as a matter of law, the church could not have adversely possessed for at least 10 years. The earliest the daughters would have received fee simple title was 1993, when their father died. According to the daughters, the father deeded them all of his real estate, including the disputed property, in 1975, subject to his life estate. One cannot adversely possess against a remainderman. Sims v. Sims, 502 So.2d 722 (Ala.1987). Therefore, at the earliest, the church could have begun to adversely possess the property against the daughters in 1993 — less than 10 years ago. Therefore, the trial court erred by submitting the issue of adverse possession to the jury. As will be stated in more detail below, we conclude that the trial court properly interpreted the deeds at issue and properly found that the church had title to the property via the 1978 deed. Therefore, the trial court’s submission of the adverse-possession issue was harmless error.

[1142]*1142We next address the daughters’ argument that the trial court erred by finding for the church on their declaratory-judgment claim. The daughters argue that the trial court incorrectly interpreted the 1975 deed. The church claims that it received title by the 1978 deed. The daughters argue that they received title by the 1975 deed. Following the description of the property, the 1975 deed contains an additional typed phrase that states: “It Agreed By Both Seller & Buyer That The Lot For The Church Is to Be Taken Off This, Land.” The father signed under that phrase. The church contends that this phrase is to be construed as removing the disputed property from the property deeded to the daughters. The daughters argue that the phrase is not valid.

The daughters first argue that the exclusion in the 1975 deed is void as being an uncertain description of the property excluded from the deed. A deed description reading “all real estate held in my name” was held not to be “so indefinite as to render the instrument inoperative as a conveyance of real property.” Lavender v. Ball, 267 Ala. 104, 107, 100 So.2d 331, 333 (1958). The court in Lavender concluded that such a description was “capable of being made certain by parol proof and [that it] is, therefore, sufficient.” Id. (restating a well-settled rule of law as shown by cases cited in the opinion).

We conclude that the description “The Lot For The Church” is also possible of being made certain through parol evidence. The area of the disputed property is not disputed; merely the ownership is disputed. The record contains much evidence regarding the location and size of the disputed property. Therefore, we conclude that the description is not so uncertain as to void the exclusion.

The daughters also argue that the description violates Ala.Code 1975, § 35-4-20, which requires that a conveyance of real property be in writing, signed by the parties and two witnesses. The daughters argue that the exclusion does not satisfy these requirements because it is signed only by the father and was not witnessed. We conclude that § 35-4-20 does not apply here, because the exclusion itself is not a deed but is merely a part of a deed; more specifically, the exclusion is part of the description of the property.

The daughters apparently further argue that the exclusion was either forged or added at a later date without their knowledge. Our supreme court has held that in order for a person attacking the validity of a deed to prove that a deed has been forged, that person must present “clear and convincing evidence reaching a high degree of certainty, leaving no doubt as to the truthfulness of such fact.” Briggs v. Glass, 420 So.2d 46, 48 (Ala.1982).

The deed references an attachment for the description of the property. The exclusion follows the description and is signed “Benjamin F. Perkins.” The daughters argue that the exclusion was not part of the original deed and was added at a later date. The daughters emphasize that the father’s signature on the first page of the deed is “B.F. Perkins” while the signature following the exclusion is “Benjamin F. Perkins.” We conclude that the daughters did not present clear and convincing evidence indicating that the exclusion was forged.

The daughters also argue that the exclusion violates the Rule Against Perpe-tuities, Ala.Code 1975, § 35-4-4, and the rule against making a reservation in favor of a stranger to the title, as stated in James v. Bell, 419 So.2d 251 (Ala.Civ.App.1982). We conclude that neither of these principles is implicated by the exclusion, [1143]*1143and thus that neither of them affects its validity.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Bradford v. Brady, 2100203 (ala.civ.app. 4-15-2011)
85 So. 3d 399 (Court of Civil Appeals of Alabama, 2011)

Cite This Page — Counsel Stack

Bluebook (online)
794 So. 2d 1139, 2000 Ala. Civ. App. LEXIS 657, 2000 WL 1563008, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schaeffer-v-maddox-alacivapp-2000.