Cockrell v. Kelley

These appeals arise out of a boundary dispute between coterminous landowners. The trial court ruled that adverse possession had been established. We reverse.

In 1951, G.W. Kelly, the original owner, sold part of his land to his son, Arlis Kelly. The deed was not executed until 1955. G.W. Kelly died in 1977, and the remaining real estate was sold to Arthur Ferguson. In 1980, Amos Cockrell and his wife, Bertie, who is G.W. Kelly's daughter, bought the land from Ferguson.

Arlis claims that when he purchased his property in 1951 and prior to the execution of the deed in 1955, his father agreed upon…