CLEVELAND v. KILLEN

No. 2006-CA-01021-COA.

966 So.2d 848 (2007)

Tommie CLEVELAND and Jerry Gillis Killen, Appellants v. Oscar Kenneth KILLEN, Estelle D. Killen and Jeffrey Kenneth Killen, Appellees.

Court of Appeals of Mississippi.

October 2, 2007.


Attorney(s) appearing for the Case

Robert M. Logan, Newton, attorney for appellants.

P. Shawn Harris, Forest, attorney for appellees.

Before LEE, P.J., IRVING and CHANDLER, JJ.


CHANDLER, J., for the Court.

¶ 1. The Chancery Court of Neshoba County found that the use of Kenneth Killen's property by his brother, Jerry Killen, was permissive and not adverse. The court, therefore, denied the adverse possession claim of Jerry and his ex-wife, Tommie Cleveland. Aggrieved, Jerry and Tommie appeal. They assert the following issues: (1) that the chancellor erred in finding the use was permissive, (2) that, if the use was initially permissive...

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