Cathy Doris L. Grantham v. Old Liberty Cemetery Association
217 So. 3d 780
| Miss. Ct. App. | 2017Background
- The Old Liberty Cemetery (1.55 acres) has existed since mid-1800s on land originally patented to Aaron Lott; family members and community descendants have long used it.
- Cathy Grantham inherited surrounding property (record title) after several transfers; a 1.55-acre plat and deed were later recorded by the Old Liberty Cemetery Association (Association) to hold the cemetery for perpetual maintenance.
- Grantham filed a competing instrument and alternative survey claiming a smaller 1.25-acre cemetery (inside the old fence) and asserting control over access; she then locked the gate and later obstructed the entrance (culvert removed).
- The Association asserted title/prescriptive rights to the access area; the chancellor found Liberty Baptist Church (predecessor) satisfied adverse-possession requirements and granted the Association a prescriptive easement over the entrance from the public road.
- The chancellor also confirmed Grantham owned the strip between the fence and the public road on the east and dismissed both parties’ slander-of-title claims.
- Grantham appealed, arguing she was entitled to a prescriptive (non-exclusive) easement across the road and that the Association maliciously slandered her title; the Court of Appeals affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Prescriptive easement over access road | Grantham: she and predecessors used the road to reach her property and thus obtained a prescriptive easement | Association: cemetery/ public/descendant access was permissive; no exclusive, open, hostile ten-year use by Grantham | Court: Denied Grantham; use was permissive/non‑exclusive and she failed to prove required elements for prescriptive easement |
| Extent of cemetery boundaries | Grantham: cemetery is 1.25 acres enclosed by fence; her survey places gate/entrance within her ownership | Association: recorded plat and deed support 1.55-acre cemetery and access strip; survey differences reflect competing claims | Court: Confirmed Association’s 1.55-acre claim for access area and upheld chancellor’s factual findings |
| Slander of title by Association | Grantham: Association (via sister/committee) maliciously published claims that disparaged her title | Association: actions were boundary/clarification efforts; plats and surveys were submitted in good faith—not false/malicious publications | Court: Dismissed slander claim; no clear, false, malicious publication causing special damages found |
| Post-judgment motion for alternative relief | Grantham: requested for first time a prescriptive easement in her post-judgment motion | Association: opposed; chancellor previously ruled against prescriptive claim | Court: Denied motion; appellate review finds chancellor within discretion |
Key Cases Cited
- Paw Paw Island Land Co. v. Issaquena & Warren Ctys. Land Co., 51 So. 3d 916 (Miss. 2010) (standard of review for chancellor’s factual findings)
- King v. Gale, 166 So. 3d 589 (Miss. Ct. App. 2015) (elements and high burden to establish a prescriptive easement)
- Thornhill v. Caroline Hunt Tr. Estate, 594 So. 2d 1150 (Miss. 1992) (prescriptive easement/adverse possession principles)
- Kendall v. May, 199 So. 3d 697 (Miss. Ct. App. 2016) (owner’s permission defeats adverse possession/prescriptive claims)
- Mize v. Westbrook Constr. Co., 146 So. 3d 344 (Miss. 2014) (elements of slander of title require false and malicious publication causing special damage)
- Walley v. Hunt, 54 So. 2d 393 (Miss. 1951) (slander of title requires falsity and malice)