Arthur B. Roberts v. Robert Bailey

OPINION

in which SHARON G. LEE, C.J., and CORNELIA A. CLARK, JEFFREY S. BIVINS, and HOLLY KIRBY, JJ., joined.

The plaintiffs filed suit against the defendants to settle a boundary dispute. During the litigation, the defendants, who had for years enjoyed the continuous and exclusive possession of their lands, discovered that their ancestors, husband and wife, had acquired title during the “gap years” and, in consequence, had owned the lands as tenants in common rather than tenants by the entirety. The defendants, proceeding as third-party plaintiffs, filed a motion to quiet title against…