Gigger v. White

O.C.G.A. § 44-6-123-addressing prescriptive title among cotenants-was inapplicable because plaintiff entered into possession of the property in question as the owner of the entire estate under color of title, not as a cotenant.

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Appellee Shirley Ann White filed an action to determine fee simple title in a parcel of real property located in DeKalb County, Georgia. After a bench trial, the court determined that White had acquired prescriptive title to the property by adverse possession under color of title. For the reasons which follow, we affirm. Appellants Frederick, Gurniece, and Beverly Gigger “the Giggers” are the children of Willie Mae Gigger, who died intestate in 1988. At her death, decedent was married to Walter Cole, who was the stepfather of her children.1 Decedent owned the subject property, which consisted of a house and land, and each of her heirs at law acquired an undivided one-fourth interest in the property.

The evidence, viewed in favor of the verdict, shows that Cole asked Guernice and Beverly to move out of the house shortly after the death of their mother; neither daughter lived in the house after that nor contributed to its maintenance. Frederick continued to occupy the property but made no mortgage payments and allowed the house to become dilapidated. By 1990 the property had fallen into a state of disrepair, the City of Atlanta Building Department was in the process of condemning the property, and the mortgage was in arrears. At that time, White’s father, Henry Weatherspoon, entered into an agreement with Cole to purchase the property “out of foreclosure” and to convey it to White. Both White and Weatherspoon believed Cole to be the sole owner. White contacted the mortgage holder and was informed that an arrearage of $1,229.80 had to be satisfied.

Gigger v. White

O.C.G.A. § 44-6-123-addressing prescriptive title among cotenants-was inapplicable because plaintiff entered into possession of the property in question as the owner of the entire estate under color of title, not as a cotenant.

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