Cooey v. Porter

Citations

• 22 W. Va. 120
• 1883 W. Va. LEXIS 44

Syllabus

<p>1. The possession of one parcener is ordinarily regarded as the possession of all his co-parceners, and such possession being subordinate and not adverse can not, however long continued, operate as a bar to his co-parceners, (p. 124.)</p> <p>2. A parcener in possession may disseize his eo-parcener; and from the time of such disseisin his possession will be adverse, (p. 124.)</p> <p>3. Where one parcener occupies the common property notoriously as the sole owner, using it exclusively, improving it and taking to his own use the rents and profits, or otherwise exercising over it such acts of ownership as manifest unequivocally an intention to ignore and repudiate any right in his eo-par-ceners, such occupation or acts and claim of sole ownership-will amount to a disseisin of his co-parceners, and his possession will be regarded as adverse from the time they have knowledge of such acts or occupation and claim of exclusive ownership. (p. 125.)</p> <p>4. It is the intention of the tenant or parcener in possession to hold the common property in severalty and exclusively as his own, with notice or knowledge to his co-tenants of such intention, that constitutes the disseisin, (p. 125.) •</p> <p>5. The notice or knowledge required must he actual, as in the case of a disavowal or disclaimer of any right in his co-tenants ; or the acts relied on, as in the case of expulsion, making costly improvements and exercising exclusive ownership, must he of such an open, notorious character as to be notice of themselves (p. 125.)</p> <p>6. The character of the title, under which the disseisor asserts his ownership, is entirely immaterial. It is the fact, that he claims the property as his own, and not the goodness of his title, that makes his possession adverse. His claim may be founded on a defective or even a void deed or paper as well as upon a valid instrument, (p. 125.)</p> <p>7. An adverse possession for a period of twenty years or more, under our statutes of limitations, effect