Charles E. Foust, Jr. v. Larry E. Metcalf, et al.

Plaintiff filed this action to quiet title to a strip of land along a former railroad line. Defendant, an adjacent landowner, asserts that plaintiff has no interest in the disputed property because the deed that purportedly conveyed the property to plaintiff was champertous and void due to the fact defendant was adversely possessing the property under color of title at the time of the deed. The trial court ruled in favor of plaintiff, finding that defendant failed to establish that plaintiff's deed was champertous or that defendant had acquired title by seven years of adverse possession under color of title for thirty years. We have determined the trial court applied an erroneous legal standard by holding that defendant had to prove seven years of adverse possession to establish that plaintiff's deed was champertous. Instead, defendant need only prove that he was in adverse possession at the time of the deed to plaintiff. Defendant established he was in adverse possession under color of title of the disputed property at the time of plaintiff's deed; accordingly, the deed is champertous. Champertous deeds are void; therefore, plaintiff never acquired a legal interest in the disputed property. We reverse the judgment of the trial court quieting title in favor of plaintiff. As for defendant's prayer that he be declared the owner of the disputed property, we have determined that an indispensable party is missing, the grantor of the deed to plaintiff; therefore, we make no ruling concerning defendant's claim that he owns the property by adverse possession of at least seven continuous years under color of title pursuant to Tenn. Code Ann. _ 28-2-105.