adverse possessor intends claim (Mississippi) · Go Syfert
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adverse possessor intends claim in Mississippi

12 Mississippi opinions name it 1 courts 2006–2023 1 in the last five years

The cases below were cited by Mississippi courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (5)

CaseFollowedCited
Alexander v. Hylandgreen
miss · 1952 · cited in 6 Mississippi opinions naming this issue, 2006–2016
2 sentences

2015“Possession is hostile and adverse when the adverse possessor intends to claim title notwithstanding that the claim is made under a mistaken belief that the land is within the calls of the possessor’s deed,” Wicker v. Harvey, 937 So.2d 983, 994 (¶ 34) (Miss.Ct.App.2006) (citing Alexander v. Hyland, 214 Miss. 348, 357 , 58 So.2d 826, 829 (1952)).

2015“Possession is hostile and adverse when the adverse possessor intends to claim title notwithstanding that the claim is made under a mistaken belief that the land is within the calls of the possessor’s deed,” Wicker v. Harvey, 937 So.2d 983, 994 (¶ 34) (Miss.Ct.App.2006) (citing Alexander v. Hyland, 214 Miss. 348, 357 , 58 So.2d 826, 829 (1952)).

66
Wicker v. Harveygreen
missctapp · 2006 · cited in 8 Mississippi opinions naming this issue, 2013–2023
2 sentences

2023“Possession is hostile and adverse when the adverse possessor intends to claim title notwithstanding that the claim is made under a mistaken belief that the land is within the calls of the possessor’s deed.” Id. at 81-82 (¶17) (quoting Wicker v. Harvey, 937 So. 2d 983, 994 (¶34) (Miss.

2019“Possession is hostile and adverse when the adverse possessor intends to claim title notwithstanding that the claim is made under a mistaken belief that the land is within the calls of the possessor’s deed.” Wicker v. Harvey, 937 So. 2d 983, 994 (¶34) (Miss.

48
Scott v. Anderson-Tully Co.green
missctapp · 2015 · cited in 1 Mississippi opinions naming this issue, 2018–2018
1 sentence

2018"Possession is hostile and adverse when the adverse possessor intends to claim title notwithstanding that the claim is made under a mistaken belief that the land is within the calls of the possessor's deed." Scott , 154 So.3d at 916 (¶ 18) (quoting Wicker v. Harvey , 937 So.2d 983 , 994 (¶ 34) (Miss.

11
Double J Farmlands, Inc. v. Paradise Baptist Churchgreen
miss · 2008 · cited in 1 Mississippi opinions naming this issue, 2017–2017
1 sentence

2017Ct. App. 2006)). “[T]he adverse possessor ... must present some proof that [his] occupation of the record owner’s property was hostile, and that the record owner— aware of the adverse possessor’s hostile occupation — took no action to prevent adverse possession.” Double J Farmlands, Inc. v. Paradise Baptist Church, 999 So.2d 826, 829 (¶ 15) (Miss. 2008).

11
Rawls v. Parkergreen
miss · 1992 · cited in 1 Mississippi opinions naming this issue, 2007–2007
1 sentence

2007Alexander v. Hyland, 214 Miss. 348, 357 , 58 So.2d 826, 829 (1952). "[T]he fact that claimant took possession under a deed is [] admissible to show the hostile character of his occupancy." Rawls v. Parker, 602 So.2d 1164, 1169 (Miss.1992). ¶ 33.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Mississippi. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
Roberts v. Young's Creek Investment, Inc. green
missctapp · 2013
2 sentences

2018"Possession is hostile and adverse when the adverse possessor intends to claim title notwithstanding that the claim is made under a mistaken belief that the land is within the calls of the possessor's deed." Id. (quoting Wicker v. Harvey , 937 So.2d 983 , 993-94 (¶ 34) (Miss.

2017“Possession is hostile and adverse when the adverse possessor intends to claim title notwithstanding that the claim is made under a mistaken belief that the land is within the calls of the possessor’s deed.” Id. (citing Wicker v. Harvey, 937 So.2d 983, 993-94 (¶ 34) (Miss.

22017–2018
Apperson v. White green
missctapp · 2007
1 sentence

2019“Possession is hostile and adverse when the adverse possessor intends to claim title notwithstanding that the claim is made under the mistaken belief that the land is within the calls of the possessor’s deed.” Id. (quoting Wicker v. Harvey, 937 So. 2d 983 -94 (¶34) (Miss.

12019–2019

Statutes the citing opinions construe

MS § Miss. Code Ann. § 15-1-13 (12)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

MS 12 (2006–2023) VT 3 (1991–2023)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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