DATE OF JUDGMENT: 10/01/2013
HON. JACQUELINE ESTES MASK COURT FROM WHICH APPEALED: TISHOMINGO COUNTY CHANCERY COURT
ATTORNEY FOR APPELLANT: FREDDIE DOBBS (PRO SE)
ATTORNEY FOR APPELLEES: PHIL R. HINTON:
BEFORE IRVING, P.J., ROBERTS AND MAXWELL, JJ.
¶1. Freddie Dobbs appeals from a summary judgment granted by the Tishomingo County Chancery Court, which reformed, quieted, and confirmed title to several tracts of land, and awarded fees and damages to Appellees (Plaintiffs) William R. Crawford, Patrick Steele, Timothy Steele, Jimmy Lowrey, Mavis Lowrey, Sandra Storment, Linda C. Whitley, Thomas E. Cooper, and Jimmy Lowrey.
¶2. Finding that summary judgment was proper, we affirm.
¶3. Nellie Pruitt was married to Will Pruitt, and they had five daughters: Joy Cooper, Laura Johnson, Ruth Dempsey, Ann Jourdan, and Edith Crawford. On March 28, 1942, Luther Kennedy conveyed to Nellie 102 acres of land located in Tishomingo County, Mississippi. During her lifetime, Nellie conveyed all of the land, except 24.12 acres (the Nellie Pruitt property). Nellie died intestate on August 1, 1974. Nellie was survived by her husband and her five daughters, who inherited, in equal shares, the Nellie Pruitt property. Will conveyed his undivided one-sixth interest in the Nellie Pruitt property to Joy. Joy then conveyed the interest that she received from her father to herself and her sisters, which in effect gave each sister an equal portion of the estate. The family hired Wayne Lambert to survey and divide the Nellie Pruitt property into five tracts (the Lambert survey), so each sister would have an equal portion of land. Based on the Lambert survey, the sisters executed five deeds, which were filed among the land records of Tishomingo County.
¶4. In 2007, Tom Cooper, Joy's husband, commissioned another survey, which was performed by C. Milton Guice, a professional engineer and licensed land surveyor. After conducting his survey (the Guice survey), Guice discovered that the deed descriptions conveyed to the five sisters contained an error. According to the Guice survey, the following errors were apparent:
A. A portion of the Nellie Pruitt property, 331 feet North and South by approximately 420 feet East and West, was not covered by the erroneous deeds;
B. All five tracts of land conveyed to the sisters lay 331 feet to the South of the North line of the real estate owned by Nellie Pruitt at the time of her death;
C. Four of the tracts (all except Joy Cooper's tract) encroach upon or overlap other property owners and, in one ...