Davis v. Davis

Citations

• 68 Miss. 478

Syllabus

<p>1. Statute of Limitations. Land. Parol gift. Adverse possession.</p> <p>Under a statute limiting actions for the recovery of land to ten years, adverse possession, though under a parol gift, if continued for ten years, confers a perfect title.</p> <p>2. Same. Adverse possession. Writing not necessary. Code 1880, § 1188.</p> <p>Such acquisition of title is not prevented by § 1188, code 1880, which provides that “no estate of inheritance or freehold, or for a term of more than one year, in lands or tenements, shall he conveyed,” unless by writing. The title in such case does not pass by parol gift, but by the lapse of time.</p> <p>3. Adverse Possession. Occupancy of part. Extent of claim.</p> <p>One who enters under a parol gift of an entire tract, though actually occupying only a part, will, as against his donor and those holding under him, be deemed in possession of the whole ; and facts which tend to show the character of his entry and the extent of his claim may be given in evidence in an action affecting his title.</p>