Kidd v. Borum, 181 Ala. 144, 61 So. 100; Riggs v. Fuller, 54 Ala. 141; Weaver v. Blackmon, 212 Ala. 681, 103 So. 889; Elsheimer v. Parker Bank Trust Co., 237 Ala. 24, 185 So. 385; Dew v. Garner, 207 Ala. 353, 92 So. 647, 27 A.L.R. 5; Moore v. Elliott, 217 Ala. 339, 116 So. 346; Black v. Black, 233 Ala. 425, 172 So. 275; Clanahan v. Morgan, 268 Ala. 71, 105 So.2d 429. A quit claim deed executed by a co-tenant, which purports to convey the entire property is a sufficient basis on which to ground a title by adverse possession in the grantee. Moore v. Slade, 194 Okl. 143, 147 P.2d 1006; Tillotson v. Foster, 310 Ill. 52, 141 N.E. 412; Watters v. Tucker, 6 Ohio Law Abst. 411; Lucas v. Crofoot, 95 Conn. 619, 112 A. 165; Hall v. Waterman, 220 Ill. 569, 77 N.E. 142, 4 L.R.A., N.S., 776; Fuller v. Swensberg, 106 Mich. 305, 64 N.W. 463, 58 Am.St.Rep. 481; Laraway v. Larue, 63 Iowa 407, 19 N.W. 242. Where a joint owner or tenant in common pays taxes on property or redeems it from tax sale or mortgage foreclosure, the law presumes that he acts for the benefit of all of the joint owners, and they may seasonably contribute their proportion, and preserve their interest therein.
1. Under the law of Oklahoma title by prescription or by adverse possession may be acquired by one who is in actual, open, visible, notorious, continuous, exclusive and hostile possession with claim of ownership for a period of fifteen years. Moore v. Slade, Okla., 147 P.2d 1006. 2.
Defendant having acquired his only record title to lots not awarded him in the judgment in 1943 from Mary Millage, who only had record title to two of the lots, title to which was awarded defendant, he must rely upon proof of adverse possession under a claim of right and not color of title. This court has held in several cases that a possession, to be adverse, must be open, visible, continuous, and exclusive, with a claim of ownership, such as will notify parties seeking information upon the subject that the premises are not held in subordination to any title or claim of others, but against all titles and claimants. Moore v. Slade, 194 Okla. 143, 147 P.2d 1006; James v. Union Graded School District No. 2, Muskogee Co., 201 Okla. 573, 207 P.2d 241; Liles v. Smith, 206 Okla. 458, 244 P.2d 582. The trial court made a finding that the land platted into the town of Eastport is rough, open, unimproved, largely in timber; that no effort has been made to develop it into a town, and that plaintiff had been in constructive possession since April 29, 1945 of all the townsite area except that part held to be owned by the defendants. The evidence adduced by plaintiff reasonably supports such finding.
Under Title 12, sec. 93, par. 4, O. S. 1941, the statutory period for an adverse possession to ripen into a title by prescription is fifteen years. In Moore v. Slade, 194 Okla. 143, 147 P.2d 1006, this court said: "A possession to be adverse must be open, visible, continuous, and exclusive, with a claim of ownership, such as will notify parties seeking information upon the subject that the premises are not held in subordination to any claim of others, but against all titles and claimants."
" Sustaining this interpretation of the law are the cases of Wirick et al. v. Nance, 178 Okla. 180, 62 P.2d 997, and Moore v. Slade et al., 194 Okla. 143, 147 P.2d 1006. This being a suit in equity, the judgment of the trial court will not be reversed unless against the clear weight of the evidence.