The Sentinel=record., 1911-12-17


 Harrell's death, executed to Col. liar relI a deed conveying all her inter- cst in the property The testimony shows conclusiyely that Col. Harreti never treated the property as his daughters after she and her mother left him. On the contrary, he treat ed it as his sisters property up to the time of her death and as his own after that time. He mortgaged it for $2.1O0 borrowed money, and inn proved it by building thereon several cottages for rent. In September. 1901. after the death of his sister and the execution of the deed to him by his other sister, Mrs. Cantrell, he filed complaint in the chancery court or Garland county. under the act of March 2Sth, 1899. to confirm and quiet his title to the property. claim ing title thereto under the convey ance to his sisteE by Amelia brutus and also claiming title thereto by ad- verse possession for the statutory per iod of seven years. He set forth in his complaint the history of the con veyanee by Carter Brutus to his daughter, and also that it was intend ed by him as an advancement to his daughter, but that she had completely abandoned him and disowned him as her father and had taken another name, and he asserted the right to re- yoke the advancement. he named her as defendant in the action and asked that her title be divested. No. tice of the pende.acy of the proceed
 ing was duly published in accordance with the provisions of said statute. That proceeding resulted in de- cree in accordance with the prayer of said petition, confirmng and quieting the title of the petitioner. Appellants filed separate answers, setting forth the fects hereinbefore reclted and pleading that they are innocent pur- chasers of said land for value with ont notice of appellee's claim. that she is barred by her laches from as gert.ng any claim to the property that she is also barred by the seven years statute of limitations, and that the decree of the chancery court ii the confirmation suit of Col Harreli was final adjudication which bar red appellee's right to recover. They also filed plea to the jurisdiction of the chancery court in this action, which was overrnled.
 The court, on final hear.ag of the cause, rendered decree in favor of appallee. establishing her title to the property, and awarding posses sion thereof except as to certain por- tions which did not fall with'a the de- scription in the deed from Carter Bru- tus to her.
 We will only discuss the plea of laches. for we are of the opinion that that plea is conclusive in this case Appellee IS barred by her own laches from asserting her claim against ap- pellants, who purchased the property for valuable consideration, without any actual knowledge of her rIghts She had been absent for twenty years. of which thirteen years accrued after Sine attained her majority, without asserting any claim to the property. though she knew that it belonged to her and that her right of action to recover the same was complete. Dur ing all that time her father was in possession, using 1t and openly and notoriously claiming it as the prop. erty of his sister. and, after the lat ter's death, as his own. She knew this, or, at any rate, she had every reason to believe 1t. She says she heard about his building cottages on the lot for rent. She admits that she and her mother employed attorneys in Nashville, Tennessee. many years agot to inyestigate the record in Gar land county to procure evidence or her title to the property in contro- yersy. There was a complete and final separation of father and daugh- ter. She ebandoned him for good and knew that he had renounced her as his daughter. The attitude Of the utmost hostility and they made no te utmost hostility and they made no further ciaipi to each others affec- ton. She states in her testimony that her feeling of resentment toward her ia.ner was so pronounced that if she tad heard that he was in a dying condition, that she would not have gone to him. She says she thought he was holding the property and looking after it for her, but she had no right to think so under the peculiar circumstances of this case.