Parker v. Nix

WENTWORTH, Senior Judge.

This is an appeal from a final judgment for appellee Nix on his complaint to establish title to the former marital residence upon the theories of adverse possession and common law ouster. We reverse, concluding that the appellant Parker, Nix’s former wife who had been excluded from entry by a subsisting court order, did not lose title to her share of the cotenancy by alleged adverse possession of Nix as the cotenant in possession under the circumstances presented here.

On February 24, 1966 a final decree dissolved the marriage of Evie Parker and William Nix and awarded…