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Real Property - Adverse Possession - Between Cotenants, Paul K. Gaston

Michigan Law Review

C. V. James and his wife and children owned certain property as tenants in common. In 1931 defendant Fallon recovered a judgment against C. V. James, and the land was sold by a sheriff under execution. Fallon became the purchaser at the sheriff's sale and was issued a sheriff's deed purporting to convey the entire interest in the property. Thereafter he was "in the actual, visible, distant, hostile, exclusive, continuous and uninterrupted possession" of the land and paid all taxes thereon. Plaintiffs, the wife and children of James, brought this action to determine the ownership of the property. Fallon claimed …