Calhoun v. Smith

This is an appeal from a judgment of the Circuit Court of Baldwin County, holding that the appellees acquired by adverse possession real property made the basis of this action. We reverse.

Clara A. Calhoun, as the executrix and trustee under the will of Hamp Smith, sought a declaratory judgment to construe his will to permit her to sell an undivided 4/5 interest in real property located in Baldwin County allegedly owned in fee simple by Hamp Smith. It is undisputed that the remaining 1/5 interest is owned by Bailey Smith, who acquired the property from his father.

The appellees, Hamp Smith's…