WRIGHT V. WRIGHT 512 S.E.2d 618 (1999) CASE BRIEF

WRIGHT V. WRIGHT

512 S.E.2d 618 (1999)

NATURE OF THE CASE: Wright (D) appealed a decision that awarded Wright (P) prescriptive title by adverse possession.

FACTS: Sr. and Jr. acquired property as cotenants. Father and son each paid $ 100 toward the $2,000 purchase price, and the balance of $1,800 was financed with a 20-year note. Sr. never paid any installments on the loan nor taxes on the property. He died two years later. He was survived by his wife, Leila, three adult sons and three minor children. The Probate Court awarded Sr.'s undivided one-half interest in the property to Leila. Leila and her minor children moved onto the farm and lived there with Jr. and his family until 1944. Jr. paid the mortgage and taxes on a regular basis. Leila and her children moved out never to return. By deed recorded in 1962, Jr. conveyed fee simple title to 8.623 acres of the farm to Jackson County, warranting that he had the right to sell and convey the land. In 1964 and 1974, Jr. granted four flowage easements for dam and reservoir construction. He never sought permission from his siblings before making any of these conveyances. The siblings always referred to the property as 'Aitchey's farm'; they knew Jr claimed sole ownership and they never asserted a contrary claim. Jr. worked the land day and night, made substantial improvements to the property, and together with his wife paid all loan installments and taxes. Jr. died. His widow Lorene and their children requested that D's heirs execute quitclaim deeds conveying the property to Jr's estate. When they refused, Lorene and Jr.'s children (P) filed the present action to quiet title on theories that the estate had acquired equitable title to the property either by adverse possession, purchase money resulting trust, or constructive trust. The jury returned a verdict awarding the entire property to P on the theory of adverse possession. D appealed.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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