Burris v. McDougald

In 1951, Winnie Elizabeth Stone deeded property to her daughter Erna Mae Burris (defendant), though Stone continued living there until her death in the 1970s and left her estate to her son by will; Burris didn't record the deed until 1985. Her nephew Shannon McDougald (plaintiff), the son's son, sued claiming ownership through adverse possession and through the long delay in recording the deed. The trial court found Burris held a valid deed and that McDougald hadn't established adverse possession, but nonetheless held, on equitable grounds, that the recording delay combined with Stone's continued use of the property justified making Burris and McDougald tenants in common. Burris appealed.