DATE OF JUDGMENT: 3/24/95 TRIAL JUDGE: HON. TIMOTHY E. ERVIN COURT FROM WHICH APPEALED: LEE COUNTY CHANCERY COURT
TRIAL COURT DISPOSITION: FOUND FOR THE APPELLEE'S - 60 ACRES IN QUESTION WERE DIVIDED AS DEEDED IN 1958. DISPOSITION AFFIRMED - 2/10/98
Motion For Rehearing Before Bridges, C.j., Hinkebein, And King, JJ.
The opinion of the court was delivered by: King, J., For The Court
THIS OPINION IS NOT DESIGNATED FOR PUBLICATION AND MAY NOT BE CITED, PURSUANT TO M.R.A.P. 35-B
The original opinion is withdrawn on a motion for rehearing and this modified opinion is substituted therefor.
This appeal arises from a judgment rendered in the Chancery Court of Lee County. The chancellor dismissed an action brought by Pearl Blackmon to quiet and confirm title to sixty acres of land lying in Lee County. The chancellor quieted and confirmed the title to the Defendants and Counter/Plaintiffs, Walter Lee Trice and other heirs, who claimed an interest in the property through adverse possession. *fn1 Aggrieved, Blackmon alleges that the chancellor committed the following errors:
I. THE APPELLEES DID NOT PROVE THAT THEY OWNED THE TRACT OF LAND AND DID NOT PROVE THEIR COUNTER-CLAIM.
II. THE HONORABLE CHANCELLOR ERRED IN DISREGARDING THE UNDISPUTED TESTIMONY OF MARJORIE TRICE THAT HER SIGNATURE WAS FORGED ON THE VARIOUS DEEDS.
III. THE HONORABLE CHANCELLOR ERRED IN FINDING FOR THE APPELLEES WHEN THERE WAS NO SWORN DERAIGNMENT OF TITLE SWORN TO AND MADE A PART OF THE COUNTER-CLAIM OR INCLUDED IN THEIR PROOF.
IV. THE HONORABLE COURT ERRED IN ITS FINDING THAT THE CLAIM THAT THE 1958 DEEDS WERE FORGED WAS BARRED BY THE STATUTE OF LIMITATIONS.
We affirm the chancellor's decision to quiet title in the Appellees, but do so for other reasons.
In 1950, John Trice, Sr. conveyed, by warranty deed, eighty acres of land in Lee County to one of his four sons, Edgar Trice. The farm land is described as: the Western half of the Southeast quarter Section 29, Township 11, Range 6 East, in Lee County. In 1956, Edgar Trice and his wife, Marjorie Trice, used the property as security for a loan from the Bank of Okolona. In 1958, Edgar, Marjorie, and John Trice, Sr. conveyed sixty of the eighty acres of land to Edgar's three brothers: Tommie Trice, Charlie Trice, and John Trice, Jr. Tommie received forty acres; Charlie and John, Jr. each received ten acres. Before Edgar Trice died in 1968, the four brothers used the combined eighty acres as collateral for various secured transactions. Marjorie Trice also signed these deeds of trust.
Tommie Lee Trice also owned an undivided interest in three parcels of land lying partially in the Northeast Quadrant of the Southeast Quarter of Section 29, Township 11, Range 6 East in Lee County. These parcels of land were ...