BEFORE HAWKINS, P.J., PRATHER AND ROBERTSON, JJ.
HAWKINS, PRESIDING JUSTICE, FOR THE COURT:
The heirs of Nettie Hammond Odom appeal from a decree of the chancery court dismissing their complaint in which they asserted an undivided one-fifth interest in Marion County realty, because Mrs. Odom as an heir-at-law of her father and mother was entitled to such interest. The basis of this claim was a warranty deed from Mrs. Odom's brother-in-law and sister to Mrs. Odom's mother dated September 23, 1947. The chancellor found that the grantee obtained no interest in the realty by this deed. The issue we address on this appeal is whether this 1947 deed was legally delivered. Persuaded the chancellor did not err in dismissing the complaint, we affirm.
This case involves the title to twenty acres of land, the North Half of the Southeast Quarter of Southeast Quarter (N1/2 SE1/4 SE1/4) of Section 16, Township 4 North, Range 3 East in Marion County. Interwoven in a series of land transactions with this tract is the South Half of the Southeast Quarter of the Southeast Quarter (S1/2 SE1/4 SE1/4) of Section 16, and the two tracts, of course, comprise the Southeast forty acres of this Section. To keep these two tracts clear and distinct in the reader's mind, the first will be referred to as the North 20 and the second as the South 20.
The central parties to this case are William G. Hammond and his wife Lonnie, their daughter Bertie Hammond Forbes and her husband W. N. Forbes, and another daughter Nettie Hammond Odom. Mr. and Mrs. Hammond also had three other children: Rossie, Ivy and Clyde. Thus our tale begins.
On February 26, 1904, Hammond through warranty deed acquired the South 20 acres and land east and adjacent thereto described as the South Half (S1/2) of fractional Section 15, Township 4 North, Range 3 East. *fn1
On January 6, 1921, Hammond conveyed this South 20 to his wife Lonnie. On March 21, 1928, Hammond bought at a sheriff's tax sale the Northeast Quarter of the Southeast Quarter of the Southeast Quarter (NE1/4 SE1/4 SE1/4), which is the East Half (E1/2) of the North 20. This 10 acre tract was apparently assessed to Lear Alford. Subsequent to this sale the chancery court of Marion County on April 10, 1928, confirmed title to this tract in Hammond as against Alford and her heirs.
On November 13, 1931, Hammond and his wife Lonnie for $500 cash consideration conveyed this 10 acre tract to Forbes. Also conveyed by this deed was the land in Section 15, and a small parcel of land in Section 21, Township 4 North, Range 3 East. This last parcel is described as beginning at the Northeast corner of the Northwest Quarter of the Southwest Quarter (NW1/4 SW1/4), and run South 120 feet, then run West 264 feet, then run North 120 feet, then run East 260 feet to the point of beginning, and containing approximately three-fourths of an acre. The Hammonds and the Forbeses lived as next door neighbors in Section 21, about two or three hundred feet apart.
On November 14, 1936, the Hammonds conveyed the South 20 acres to Forbes.
On January 3, 1938, Forbes conveyed the East 10 acres
of the North 20 to his wife (NE1/4 SE1/4 SE1/4), together with the land in Section 15 and in Section 21. This deed apparently covered the same property Forbes had acquired from the Hammonds in the 1931 deed.
On February 10, 1943, J. L. Cooper by warranty deed conveyed the West 10 acres of the North 20 to Forbes (NW1/4 SE1/4 SE1/4), and also the Northeast Quarter of the Southeast Quarter of Section 16. Cooper also conveyed his unexpired 99-year leasehold interest in the Northwest Quarter of the Southeast Quarter, and the Northeast Quarter of the Southwest Quarter of the Southeast Quarter, Section 16. With this deed Forbes and his wife owned the North and the South 20 acres, together with the 40 acres to the North (NE1/4 SE1/4), and the leasehold interest in the Northwest Quarter of the Southeast Quarter, and the 10 acres just west of the North 20. Also they owned the adjacent property to the east in Section 15. In sum, the North 20 acres, then owned by Forbes, was surrounded by Forbes land.
On June 9, 1945, Forbes and his wife executed a royalty deed to W. Duncan to the Northeast Quarter of the Southeast Quarter, and the Southeast Quarter of the Southeast Quarter in Section 16.
On October 22, 1947, Forbes and his wife conveyed the South 20 (S1/2 SE1/4 SE1/4) to Lonnie. In this deed they also conveyed the three-fourths acre parcel in Section 21. On October 29, 1950, Hammond and his wife Lonnie by ...