Cooley v. McRae

Plaintiffs acquired adverse possession of disputed property through their open and continuous use from at least 1950.

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Appellee Robert McRae, as the executor for the estate of his mother, Marguerite M. McRae, brought this quiet title action based on a claim of adverse possession. See OCGA § 23-3-60 et seq.; OCGA § 44-5-161. At issue is title to approximately 220 acres of real property in Burke County, Georgia. Appellants Betty Daniel Cooley, L.M. Wade, Robert Stevenson, and Clarence Stevenson are the children of Sallie Mae Wade. They claim their mother received title to the property in 1911 and remained titleholder until her death in 1985, at which time they inherited her interest in the property. Appellee contends that T.W. Radford, the brother of Sallie Mae Wade and father of Marguerite McRae, acquired title to the property through adverse possession.1 The case was assigned to a special master who conducted a hearing and filed findings of fact and conclusions of law based on the evidence presented. The trial court adopted the special master’s findings and conclusions and entered judgment in favor of McRae. Because the evidence supports the trial court’s determination that Radford and McRae acquired prescriptive title by adverse possession under OCGA § 44-5-161 a, we affirm.

To establish title by adverse possession, whether by twenty years or seven years under color of title, a party must show possession not originated in fraud that is public, continuous, exclusive, uninterrupted and peaceable, and accompanied by a claim of right. OCGA §44-5-161 a. “In an action to quiet title brought under OCGA § 23-3-60 et seq., the findings of the Special Master and adopted by the trial court will be upheld unless clearly erroneous.” Seignious v. Metropolitan Atlanta Rapid Transit Authority, 252 Ga. 69, 71 311 SE2d 808 1984 parenthetical omitted. If there is any evidence to support the trial court’s judgment, it will not be disturbed on appeal. Nebb v. Butler, 257 Ga. 145 357 SE2d 257 1987.

Cooley v. McRae

Plaintiffs acquired adverse possession of disputed property through their open and continuous use from at least 1950.

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