Williams v. Estate of Williams

952 So. 2d 950, 2006 WL 2530398
CourtCourt of Appeals of Mississippi
DecidedSeptember 5, 2006
Docket2005-CA-00601-COA
StatusPublished
Cited by4 cases

This text of 952 So. 2d 950 (Williams v. Estate of Williams) 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
Williams v. Estate of Williams, 952 So. 2d 950, 2006 WL 2530398 (Mich. Ct. App. 2006).

Opinion

952 So.2d 950 (2006)

Robert H. WILLIAMS and Any Unknown Heirs-at-Law of Travis and Florence Williams, Appellants
v.
The ESTATE OF John Horace WILLIAMS, Deceased, by Gloria FAIRLEY, Executrix, Appellee.

No. 2005-CA-00601-COA.

Court of Appeals of Mississippi.

September 5, 2006.
Rehearing Denied January 30, 2007.

*952 William W. Dreher, Jr., Gulfport, attorney for appellant.

Tadd Parsons, Wiggins, Jack Parsons, attorneys for appellee.

Before KING, C.J., GRIFFIS and BARNES, JJ.

GRIFFIS, J., for the Court.

¶ 1. The Estate of John Horace Williams, represented by the executrix Gloria Fairley, filed suit against Robert H. Williams and the unknown heirs of Travis and Florence Williams to confirm title to certain real property in Stone County. Robert filed a counterclaim to quiet and confirm an undivided interest in title in himself. The chancellor ruled that John had adversely possessed the property since 1960 and confirmed title in the Estate. We find no error and affirm.

FACTS

¶ 2. In 1895, Travis and Florence Williams purchased a certain parcel of land in what is now known as Wiggins, Stone County, Mississippi. Travis died intestate in 1935, and Florence died intestate in 1960. The land, consisting of fifty-one acres, went to their nine children as tenants in common. These children were R.T. Williams, Petral Williams, Evert Williams Bullock, Flora Williams Johnson, John Horace "Preacher" Williams, Tommy Williams, Kizer Williams, Louis Charles Williams, and Rachel Williams Fairley. The appellant Robert Williams is Kizer's son, and the estate's executrix Gloria Fairley is Rachel's daughter.

¶ 3. In 1966, John returned home from the military and moved onto the property. From that time on, he insisted that anyone, including his family, who wanted to visit or use the property get permission from him first. The prevailing belief in the community was that the property belonged to John. Although his sister Rachel and her children lived in the house with John, it was only through his permission. Gloria returned to the home in 1982 to take care of her sick, elderly mother and uncle. John's daughter Jenice Williams Clendening lived in the house as well. John was in charge of all maintenance and improvements to the land. Kizer and another brother helped around the property, such as repairing the roof. However, John always paid them for their work. John's brothers and sisters referred to the land as John's. On a few occasions, John asked his brothers to leave the property, and they did.

¶ 4. During 1994 through 1995, John obtained deeds from two of Flora's children and two of Rachel's children which purported to give him their interest in the land. The deeds stated, however, that they already recognized John as the sole, exclusive owner of the property. From 1997 to 1999, Robert obtained deeds from R.T., Petral, and all five of his own sisters which purported to give their interest in the property to him. On March 29, 2001, shortly before his death, John deeded 1/32 of his interest in the property to Gloria.

¶ 5. The only time that a family member's animals went on the land without John's permission was when Robert placed them there. However, he did not do this until 2001, when John became hospitalized and confined to a wheelchair. When John returned home and found out, he was so *953 angered that he threatened to shoot the cows and Robert. Gloria's son Derrick Fairley hid John's guns to keep John from killing Robert and his animals.

¶ 6. John died later that year. The beneficiaries of his will include Jenice, Gloria, and Derrick. On November 8, 2002, John's estate filed suit against Robert and Travis's and Florence's estates to declare John's estate as the sole owner of the property. On September 9, 2003, Robert petitioned to have Travis and Florence's estates opened and to determine heirs. He listed the subject property as the only asset of their estates. The cases were consolidated. After a two-day trial, the chancellor found that John adversely possessed the property from his co-tenants; therefore, his estate was the sole owner of the property.

STANDARD OF REVIEW

¶ 7. The question of whether adverse possession was proven by clear and convincing evidence is a factual determination made by the chancellor. Bacot v. Duby, 724 So.2d 410, 419(¶ 44) (Miss.Ct. App.1998). A chancellor's findings of fact will not be disturbed unless manifestly wrong or clearly erroneous. Sanderson v. Sanderson, 824 So.2d 623, 625(¶ 8) (Miss. 2002). This Court will not disturb the findings of a chancellor when supported by substantial credible evidence unless the chancellor abused his or her discretion, was manifestly wrong, clearly erroneous, or an erroneous legal standard was applied. Id. at 625-26(¶ 8). Legal questions are reviewed de novo. Russell v. Performance Toyota, Inc., 826 So.2d 719, 721(¶ 5) (Miss.2002).

ANALYSIS

¶ 8. Robert asserts that the chancellor erred in finding that John adversely possessed the land. As the party who claimed adverse possession, John's estate bore the burden of proving it by clear and convincing evidence. Bacot, 724 So.2d at 419(¶ 46). John's estate had to prove that his possession or occupancy of the property was (1) under claim of ownership, (2) actual or hostile, (3) open, notorious, and visible, (4) continuous and uninterrupted for ten years, (5) exclusive, and (6) peaceful. Id. There is an additional element in order to adversely possess the interests of co-tenants. Id. at 419(¶ 47). His estate must also prove ouster. Jordon v. Warren, 602 So.2d 809, 814-15 (Miss.1992). Ouster is unequivocal notice by one cotenant that he intends to adversely possess the claims of his fellow co-tenants. Id. at 815. Robert contends that John's estate failed on three elements: exclusivity, hostility, and ouster. John's estate responds that there was substantial credible evidence to support the chancellor's finding of adverse possession.

I. Was there substantial, credible evidence that John's possession was exclusive?

II. Was there substantial, credible evidence that John's possession was hostile?

¶ 9. The chancellor found that Robert admitted that John's possession of the property was both exclusive and hostile when Robert failed to respond to the requests for admissions served by John's estate. The chancellor also found the evidence at trial supported these admissions.

¶ 10. Rule 36(a) of the Mississippi Rules of Civil Procedure provides that where a party does not respond to requests for admission within thirty days, the requests are deemed admitted. The admission conclusively establishes the matter for the pending litigation unless the trial judge allows withdrawal or amendment. M.R.C.P. 36. The chancellor held *954 a hearing on whether to deem the requests admitted. John's estate served Robert with the requests on November 11, 2002. By February 14, 2003, there was still no response. John's estate moved for summary judgment on the basis of the admissions. The chancellor deemed the requests admitted, but found they did not establish ouster or a definite time period as to when the adverse possession began to run. Robert does not challenge the chancellor's actions with regard to the admissions. Indeed, pursuant to Rule 36(a), these requests were deemed admitted unless the chancellor permitted amendment or withdrawal. Id. The rule is enforced according to its terms. Martin v. Simmons, 571 So.2d 254, 256 (Miss.1990).

¶ 11.

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

Related

Cite This Page — Counsel Stack

Bluebook (online)
952 So. 2d 950, 2006 WL 2530398, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williams-v-estate-of-williams-missctapp-2006.