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Scott v. Anderson-Tully Co.

154 So. 3d 910 (2015)

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Scott v. Anderson-Tully Co.

Court of Appeals of Mississippi

154 So. 3d 910 (2015)

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Facts

Herman Scott (plaintiff) and Anderson-Tully Company (Anderson) (defendant) owned adjacent tracts of land. There was a wire fence on Scott’s property that separated 20 acres of Scott’s land on Anderson’s side of the fence. Anderson bought its property in 1969 by quitclaim deed. The deed included those 20 acres that belonged to Scott. Anderson marked the fence with blue paint to indicate Anderson’s understanding of the property line. The paint was recognized by the community as distinctively belonging to Anderson. None of the Scotts objected to the painting of the fence. After Anderson bought the property, the company maintained the 20 acres and harvested timber on the land a few times, most recently in 2010. From 1969 to 2010, no one objected to Anderson’s presence on and maintenance of the 20 acres. Anderson also issued five hunting licenses on the land during this time. In 2010, Scott filed suit, seeking damages for the removed timber and to quiet title in the 20-acre tract. At trial, witnesses testified that Anderson’s blue paint had been present since 1969. A witness also testified that as recently as 1993, the Scotts had harvested timber up to the fence, but never went to the other side of the fence. The trial court found that Anderson had acquired title to the 20-acre tract by adverse possession. Scott appealed.

Rule of Law

Issue

Holding and Reasoning (Barnes, J.)

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