Crowder v. Neal

Citations

• 100 Miss. 730
• 57 So. 1

Syllabus

<p>1. Adverse Possession. Acts constituting. Tacking possession.</p> <p>Where a purchaser enters into possession of a tract of land claiming it as her own under an honest but mistaken belief that it was within the calls of her deed, her possession was adverse, and the fact that she would have surrendered possession had she known that the land was not within the calls of her deed is immaterial.</p> <p>2. Adverse Possession. Tacking possession. Privity of possession.</p> <p>In order that one adverse possession may be tacked to another there must exist privity of possession between the holders thereof, but such privity may be created by any conveyance, agreement or understanding, that has for its object the transfer of possession and is accompanied by a transfer in fact.</p> <p>3. Adverse Possession. Tacking possession. When authorised.</p> <p>Where a purchaser in actual possession, claimed land as her own not included in the calls of her deed, and conveyed the land by similar description, together with the improvements and appurtenances, and turned over the possession to her grantees, and the parties intended that all of the land claimed should pass by the deed. In such case the possession of' the purchaser and her grantee could be tacked to create title by adverse possession.</p> <p>4. Adverse Possession. What constitutes.</p> <p>Where a purchaser in possession of land under a deed claimed title to the land as within the calls of her deed when in fact it was not within such calls, the character of her possession as adverse was not changed because she obtained permission from the owner of the adjacent lot, of which the portion claimed adversely was a part, to use the whole lot for a pasture, and did for a time use it for a cow pasture.</p>