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Reece v. Smith

The 7-year period for adverse possession did not commence on property owned by a minor until he reached the age of majority.

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George Reece appeals from rulings of the trial court: directing a verdict in favor of Smith on Reece’s claim that he owned all interests in a tract of land that Smith sought to have partitioned; entering judgment on the report of the partitioners; and awarding attorney fees. For the reasons that follow, we affirm.

In 1980, Tommy Chappell “Chappell” owned a 7/8 undivided interest in a certain tract of land the “tract”, containing approximately 60 acres. The remaining 1/8 undivided interest was owned by Chappell’s cousins, the Pointers. In April 1980, Chappell conveyed his interest in certain 11.91 acres of the tract to Reece, and later conveyed his interest in another, unconnected portion of the tract to Reece Reece’s “parcels”. In January 1981, Chappell conveyed his 7/8 undivided interest in the remainder of the tract to T. J. Chappell “T. J.”, his minor son. Construing the evidence in support of non-movant Reece, Reece used the entire tract after his purchases, not merely his parcels. In 1984, Reece received a quitclaim deed from the Pointers for their 1/8 undivided interest in the tract; Reece then owned all interests in the parcels he acquired from Chappell, and a 1/8 interest in the remainder of the tract.

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