Crotwell v. T & W Homes Etc, LLC
Annotate this CaseThis dispute centered on an acre of land in Scott County, Mississippi, arising from a counterclaim of T & W Homes Etc, LLC (T & W), which claimed T & W acquired the property by adverse possession. At the trial level, James and Terry Crotwell (the Crotwells) contended that T & W did not acquire the property by adverse possession or quitclaim deed, arguing that T & W could not satisfy the requirements for tacking its time to that of its predecessor, Richard Prestage. The Crotwells took this position, claiming that the foreclosure sale by which T & W had acquired the property was void. After a hearing, the chancellor concluded that Prestage had satisfied the adverse possession elements and that, even if the foreclosure sale were void, the quitclaim deed, which was executed seven years after the foreclosure, conveyed title to T & W. The Crotwells appealed. The Mississippi Supreme Court found that even though the 2006 deed of trust was void ab initio and the foreclosure sale likewise was void, Prestage acquired title to the property in 2008 through adverse possession for the requisite ten years. Further, the Court found that Prestage did not lose the title until he conveyed it to T & W by means of a quitclaim deed in 2018. Therefore, the Court affirmed the chancellor’s decision. Title to the real property belonged to T & W.
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