Joshua Seymour v. Richard G. Turner
228 So. 3d 343
| Miss. Ct. App. | 2017Background
- Brenda Seymour and Richard Turner purchased a house in 1995 titled as "joint tenants with express right of survivorship."
- Brenda filed a complaint to partite (partition) the property on February 3, 2011; no final partition order was entered before her death on November 25, 2012.
- After Brenda’s death the property automatically vested in Richard by right of survivorship; Richard failed to timely answer the complaint and proceeded pro se at trial.
- Default was entered against Richard; at trial the court took the complaint’s factual allegations as admitted but reserved legal questions for determination by the chancellor.
- Dispute also involved ad valorem tax payments from 2008–2012: Brenda (and her mother Nancy) paid or redeemed tax sales and Nancy assigned reimbursement rights to Brenda’s estate; Richard admitted he did not pay the taxes.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether filing a partition suit severs a joint tenancy and eliminates right of survivorship | Seymour: filing the partition complaint (2011) severed unity of possession, converting joint tenancy into tenancy in common so Brenda’s estate retained an interest at her death | Turner: joint tenancy remained intact until a final partition judgment; survivorship operated at death, vesting full title in survivor | Court: Filing a partition suit does not sever joint tenancy; severance occurs only upon final judgment of partition, so right of survivorship vested title in Turner at Brenda’s death |
| Whether Brenda’s estate is entitled to reimbursement for ad valorem taxes paid 2008–2012 | Seymour: estate entitled to one-half reimbursement for tax payments (through Nancy’s assignment and Brenda’s payments) | Turner: did not contest facts at trial but court did not address taxes; no authority cited by Seymour on appeal | Court: Declined to address on appeal due to Seymour’s failure to cite legal authority as required; issue not resolved in favor of estate |
Key Cases Cited
- Jones v. Graphia, 95 So. 3d 751 (Miss. Ct. App. 2012) (partition suit pending at time of death does not prevent survivorship—survivorship vests whole title in surviving joint tenant)
- Wilder v. Currie, 95 So. 2d 563 (Miss. 1957) (unity of possession requires each joint tenant to have an undivided share)
- Thornhill v. Chapman, 748 So. 2d 819 (Miss. Ct. App. 1999) (elements of joint tenancy include unity of time, title, interest, and possession)
- Jackson v. Estate of Green, 771 N.W.2d 675 (Mich. 2009) (collecting authority that filing a partition action alone does not sever joint tenancy; severance occurs only upon judgment of partition)