Before Thomas, P.j., Coleman, And Hinkebein, JJ.
The opinion of the court was delivered by: Hinkebein, J., For The Court:
THIS OPINION IS NOT DESIGNATED FOR PUBLICATION AND MAY NOT BE CITED, PURSUANT TO M.R.A.P. 35-B
DATE OF JUDGMENT: 6/19/96
TRIAL JUDGE: HON. PERCY LEE LYNCHARD JR.
COURT FROM WHICH APPEALED: DESOTO COUNTY CHANCERY COURT
NATURE OF THE CASE: CIVIL - REAL PROPERTY
TRIAL COURT DISPOSITION: CHANCELLOR FOUND THAT APPELLANT DID NOT PRODUCE SUFFICIENT CLEAR AND CONVINCING EVIDENCE TO ESTABLISH ADVERSE POSSESSION.
MOTION FOR REHEARING FILED:
William and Nancy Brown brought suit in the Chancery Court of DeSoto County claiming title by adverse possession to a tract of land adjoining their lot in the Bridgetown Community Subdivision. The court found that because the Browns were co-tenants with the other members of the Subdivision Association that they were required to demonstrate an ouster of the rights of the Association and its other members in order to show adverse possession of the disputed tract. The Browns appeal, arguing the following:
1. Did the trial court commit an error of law in holding that Plaintiffs-appellants ("Homeowners") as members of the Homeowners Association, a non-profit Mississippi corporation, stood in the same fiduciary relationship to the Association as do co-tenants to each other, thereby requiring Homeowners to establish ouster before proving adverse possession.
2. If not, did Homeowners prove ouster?
3. When considering all the evidence in the light most favorable to Homeowners, together with all reasonable inferences from their evidence, did they establish a prima facie case ...