Wheeler v. Harris

This is a suit by the appellants for partition of a 77-acre tract which they assertedly own as tenants in common with the appellee Ernest Harris. Harris defended upon the ground that he had acquired title to the land by adverse possession, and the chancellor so found. The correctness of that ruling is the principal issue on appeal.

The land in question was owned by the parties’ ancestor, E. W. Wheeler, at his death in 1935. By the terms of Wheeler’s will the property was left to his only surviving child, Alberta Johnson, for life, with remainder in eleven equal parts to the testator’s ten…