Gardiner v. Hinton

Citations

• 86 Miss. 604

Syllabus

<p>1. Tenants in Common. Conveyance. Code 1892, g 2734. Adverse possession. Statute of limitations.</p> <p>Where one tenant in common of land conveyed, the whole estate in fee, and the grantee entered, and he and his successors in title held exclusive possession, claiming thereunder the entire estate for more than ten years, such entry, possession, and claim will bar any suit for the recovery of the land by any of the original co-tenants, not under disability, under Code 1892, § 2734, providing that ten years’ actual adverse possession by any person claiming to be the owner for that time of any lands uninterruptedly continued, in whatever way such occupation may have been commenced, shall vest title in such person.</p> <p>2. Same. Record of deed.</p> <p>The fact that the original deed from the tenant in common was not placed on record until long after it was executed, and that suit was instituted by his co-tenants to recover the land within ten years after the date of its filing, was immaterial.</p> <p>3. Same. Notice.</p> <p>Where the vendee of a tenant in common set up a claim in his own right to the whole tract of land, and held possession open and continuously for more than the statutory period, his possession was adverse, without actual notice to the other tenants in common, such vendee being under no relation tO' them which imposed on him the obligation of giving notice, either actually or constructively, as a condition precedent to the assertion of a hostile claim.</p>