...remainderman by adverse possession. Taylor v. Russell, Ala., 369 So.2d 537 (1979); Duncan v. Johnson, Ala...by adverse possession. "A stranger to the title may, during the life of a life tenant, establish an adverse possession as against the life tenant and acquire title thereby to the life estate." 31 C.J.S. Estates § 66, p. 136 (1964). Thus, since a remainderman has...no right to possession during the life of the life tenant, possession by the remainderman could be adverse to the possession of...

...be presumed; the reason being that the possession of one tenant in common is the possession of all the cotenants. 2. TENANTS IN COMMON — ADVERSE POSSESSION. — Since a remainderman has no right to recover the land during the life of the life tenant, title cannot be acquired against the remainderman by adverse.... The chancellor likewise erred in holding appellee acquired title by adverse possession against the remainderman, and canceling his conveyance of the property in any event, before the death of the..., and title then could not therefore, as against him, be acquired by adverse possession of the other remainderman or his grantees. Gallagher v. Johnson...

...uniformly and steadfastly held that a life tenant cannot acquire the title of a remainderman by adverse possession. Pickett v. Doe ex dem. Pope, 74 Ala. 122 (1883...transfer of the possession of a deed by the grantor to the grantee, is not always a prerequisite to a transfer of title. The principle was declared recently as follows...: "While ordinarily delivery of a deed is made by the grantor, giving the possession of the instrument to the grantee, such physical delivery is not necessary when a grantor's acts, or words, or...

...prior estate that right immediately arises and unless the right of reentry is exercised by the remainderman within the statutory period, his title may be extinguished by adverse possession. 5. APPEAL...possession of the lands in question under color of title and claim of right, free of interference by anyone for more than seven years, title thereto vested in her by adverse possession. 2. ADVERSE..., had acquired that title by adverse possession. We do not agree. George Demsey died testate in Chicot County in 1968, survived by his widow, Eva Demsey, two children of a former...

...— REMAINDERMAN HAS NO RIGHT OF ENTRY DURING LIFETIME OF LIFE TENANT — REMAINDERMAN UNAFFECTED BY ADVERSE POSSESSION. — Since a remainderman has no right of entry until the death of the life tenant..., ordinarily he is not affected by adverse possession during the lifetime of the life tenant, particularly where the heirs of the remainderman or remaindermen cannot be determined until the death of the...cause of action so long as Gus was living. Ordinarily a remainderman is not affected by adverse possession during the lifetime of the life tenant, because he has no right of entry. Smith v. Kappler...

.... Real property — Equitable partition — Adverse possession by remainderman before life estate terminated — Section 11901...possession by an adverse claimant? (3) Are defendants in error estopped by their neglect to protest against the visible and notorious possession of the son and his family, and their..., adverse to him, for the purpose of determining such adverse estate or interest; or * * * by a person out of possession, having, or claiming to have, an estate or interest in remainder or reversion in...

...a tenant for life cannot be adverse to the remainderman; and if he sells and conveys to a third person, by words purporting to pass the absolute property, the possession of the purchaser is not, and...to injure the remainderman, that an adverse possession maintained by the tenant, under his title, will not inure to the benefit of the former. The test of title is that there has been no interruption...the estate and rights of a vested remainderman, applies only to personal property, and the court declines to extend it to cases involving real property. "The possession of land by...

...showed he intended his grandson's bodily heirs, whether children or grandchildren, who survived the life tenant, to be the takers of the land; therefore, the adverse possession claims did not begin to run against the remainderman until the date of the life tenant's death. 8. EJECTMENT — ACTION BROUGHT BY GRANTEE...CLAIMING BY ADVERSE POSSESSION. — Where appellant/grantee purchased the interests of two of the three remainderman in a tract of land after the life tenant had died, and brought an ejectment action...Precious Ridgell and Doris Lisenby had title by adverse possession. If James Thompson, Preston Thompson, and Sadie Williams are remainderman, then the adverse possession began to run against them and as...

..., 145 Ala. 224, 41 So. 135; Whitmire v. Spears, supra. Possession by a tenant for life cannot be adverse to the remainderman, and, if he sell and...convey to a third person by words purporting to pass the absolute property, the possession of the purchaser is not adverse to the remainderman. Ray v. Farrow.... Adverse possession may be shown by acts suitable to the character of the particular case. Bell v. Denson, 56 Ala. 449; Doe v. Anderson, 79 Ala. 209; Ala. State Land Co. v. Matthews...

...repudiated that claim, the remainderman then has a cause of action to obtain possession, the life estate is no more, and if the remainderman does not act he may lose his estate by an adverse possession, for the one who appeared to be a life tenant has abandoned that claim and is claiming under a different title, all of which is known to the remainderman. This state is not alone in so holding, similar holdings have been made by other...rights as against the remainderman by claiming thereafter to hold by adverse possession, unless it appear that he had clearly renounced all claim as tenant, to the knowledge of the remainderman." "Where...remainderman by clear and convincing evidence notice that he has done so and is holding under another and adverse title before his possession can become adverse to the remainderman. It is such other...

...Pherson, it is clear and plaintiff concedes that plaintiff could not acquire title by adverse possession as against the remainderman. [1] As a general rule, possession of a life...] Adverse Possession — Character of Possession — Life Tenant — Remainderman or Reversioner. Possession of a life tenant or one holding under or through a life tenant generally cannot be adverse to the...remainderman or reversioner. [See Ann. 58 A.L.R.2d 299; 3 Am.Jur.2d, Adverse Possession § 227.] [2] Reformation of Instruments — Original Parties Not Before Court...

...Possession §§ 4g, 19 — Directed verdict in favor of defendant claiming by adverse possession held error. The land in question was devised to defendant's grantor by...upon defendant to prove title by adverse possession, a directed verdict in his favor is erroneous. 2. Adverse Possession § 18 — Evidence held competent to show that...permitted the land to be sold for taxes and bought in by his wife with money furnished by him. Held: The tax foreclosure is some evidence that defendant's possession was not adverse to the person...

...agreement, explicit or implied, to establish a disputed or unascertained boundary, accompanied by possession or acquiescence, exist prior to the creation of the life estate to affect the remainder interest. The adverse possession limitation is based upon the rationale that the remainderman has...the effect is the same, the life estate holder should no more be able to affect the interests of the remainderman by an agreed boundary line than he should be able to through conveyance or adverse possession. Following...possession. Similarly, the remainderman cannot depend upon the life estate holder to protect his interests against a boundary line agreement. The remainderman cannot bring an action to challenge any boundary line agreement made by and...

...and does not strengthen the interest the life tenant has. 7. LIFE ESTATES — WHEN LIFE TENANT MAY ACQUIRE TITLE BY ADVERSE POSSESSION. — In order for a life tenant whose interest arises out of a homestead right to acquire title by adverse possession against her remainderman, the...Martha Ellis in the land. The chancellor below also found that Martha Ellis had acquired title to the subject lands by adverse possession. In order for a life tenant whose interest arises out of a homestead right to acquire title by adverse possession against her remainderman, the...off this property until her death, thus there could be no adverse possession. Finally, the court below found that the appellants were guilty of laches by not asserting their rights in the subject property sooner. It is clear that one in the position of a remainderman may...

...-half interest as a remainderman under the will of his mother. Appellees, the Kapplers, say that they now own all interest in the land, claiming Roy's part by adverse possession. The Chancellor held with..., since he has no right of possession, cannot lose his interest by adverse possession during the lifetime of a life tenant for the very simple reason that one must have the right of entry before another can hold adversely to him. Hayden v. Hill, 128 Ark. 342, 194 S.W. 19. But, the property can be lost to both the life tenant and the remainderman by...— LIFE ESTATES. — Possession by a life tenant is not adverse to the remaindermen during the life of the tenant. 2. ADVERSE POSSESSION. — One must have the right of entry before another can hold...

...title by adverse possession against the remainderman who never had possession, and had no right of possession until the life tenancy ended.... Possession of land becomes adverse when a tenant in common sells the entire property by warranty deed followed by exclusive possession: Earle v. R. R...as to a division of the property between the heirs, other than the law gives: Jones v. Caldwell, 97 Pa. 42. The possession of a life tenant, by curtesy, is not adverse to the...

.... (4) Adverse Possession — Evidence — Burden of Proof — Upon Party Asserting Title Thereby. (5) Adverse Possession — Possession by Agreement or Permission — Presumption of Continued Permission. (6) Landlord and Tenant — Estoppel of Tenant to Deny Landlord's Title — When Estoppel Discontinues. (7) Adverse Possession — Evidence — Taxes — Relevancy of Payment or Non-Payment. (8) Adverse Possession — Evidence — Taxes — Circumstances Where Non-Payment Denies Ownership. (9) Adverse Possession — Life Tenants and Remainderman — Possession.... (1) Adverse Possession — Possession by Agreement or Permission — Permission by Implication. (2) Agency...— Evidence — Power or Authority of Agent — Evidence Denying Agency. (3) Adverse Possession — Possession by Agreement or Permission — Effect of Failure to Make Disclaimer...

...one claiming through him, under claim of right or color of title, followed by adverse possession for the statutory period. Thus, according to some of the authorities, the possession of a life tenant may become hostile and adverse to that of the remainderman or...possession may be acquired by the life tenant where the knowledge is clearly brought home to the remainderman that the former claims the entire estate in his own right, adverse and hostile to any claim or...TITLE — Adverse Possession — As Between Life Tenant and Remainderman — Order of Final Settlement — Rulings and Judgment. The record in an action to quiet title to two tracts of real estate...

...coverture such deed is not color of title and will not support adverse possession against a remainderman. Hinton v. Farmer, 148 Ala. 211, 42 So. 563, 121 Am.St.Rep. 63. Possession by a life tenant...land. Gen. Acts 1876-77, p. 32. There can be no adverse possession between husband and wife while they are living together as such; and where the husband acquires a deed from a third person during...cannot be adverse to the remainderman. The former can do nothing to impair the title of the latter. Hall v. Condon, 164 Ala. 393, 51 So. 20. Appellant was under no duty to bring any action before the death...

...) possession by the grantees of a life tenant is not adverse to the remainderman during the life of the life tenant. A. fortiori the possession of the....) APPEAL by plaintiff from Whedbee, J., at February Term, 1911, of HARNETT. The facts are sufficiently stated in the opinion of the Court by..., requiring no express devise to the living children of J.; (4) the rule in Shelley's case has no application. 2. Life Estates — Possession — Remainder...