Morrow v. Morrow
| Docket Number: | 2009-CT-01319-SCT Linked Case(s): 2009-CA-01319-COA ; 2009-CA-01319-COA ; 2009-CT-01319-SCT |
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| Supreme Court: | Opinion Link Opinion Date: 10-17-2013 Opinion Author: Lamar, J. Holding: 2009-CT-01319-SCT: Reversed and remanded; 2009-CT-01355-SCT: Dismissed. |
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| Court of Appeals: |
Opinion Link Opinion Date: 10-02-2012 Opinion Author: Ishee, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Real property - Delivery of deeds - Dates in acknowledgments - Section 89-5-13 Judge(s) Concurring: Waller, C.J., Dickinson and Randolph, P.JJ., Kitchens, Chandler, Pierce, King and Coleman, JJ. Procedural History: Bench Trial Nature of the Case: CIVIL - REAL PROPERTY |
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| Trial Court: |
Date of Trial Judgment: 10-23-2006 Appealed from: Itawamba County Chancery Court Judge: Talmadge Littlejohn Disposition: PROPERTY FOUND TO PASS BY INTESTATE SUCCESSION IN EQUAL PARTS TO PHILLIP MORROW, RONALD MORROW, AND JOEL MORROW Case Number: 2000-0286 |
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| Consolidated: 2009-CT-01319-SCT; Phillip Morrow v. Joel Morrow, Administrator of the Estates of Gocher Morrow, Deceased, and Reba Eloise Sparks Morrow, Deceased, and Ronald Morrow; Itawamba Chancery Court; LC Case #: 2000-0286; Ruling Date: 10/23/2006; Ruling Judge: Talmadge Littlejohn | ||
| Note: | The Supreme Court found that the chancery court erred by not quieting and confirming title to the property in Phillip, and it reversed the Court of Appeals and the chancery court. The Court of Appeals opinion can be found at http://courts.ms.gov/Images/Opinions/CO77704.pdf | |
| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Phillip Morrow |
CASEY LANGSTON LOTT |
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| Appellee: | Joel Morrow, Administrator of the Estates of Gocher Morrow, Deceased, and Reba Eloise Sparks Morrow, Deceased, and Ronald Morrow | MICHAEL DAVID TAPSCOTT |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Real property - Delivery of deeds - Dates in acknowledgments - Section 89-5-13 |
| Summary of the Facts: | Gocher and Reba Morrow owned approximately 200 hundred acres of land in Itawamba County. The Morrows had three sons, Phillip, Ronald, and Joel. In the late 1980s, Phillip moved back to Mississippi after his father extended an offer to all three sons to give them the land if they would move home and help farm. In 1993, the Morrows deeded the property to Phillip without reservation. In 1996, he and his parents decided that Phillip would deed the property back to his parents and that they would in turn deed the property back to Phillip, reserving a life estate for themselves. The Morrows died intestate in 1999 and 2000. Shortly thereafter, Phillip filed an action against his brothers, Ronald and Joel, to quiet and confirm title and his sole ownership of the property. Alternatively, Phillip sought to impose an equitable lien on the property should he not be granted sole ownership. The chancery court found that the property was vested in the Morrows at the time of their death and passed in equal parts to all three brothers. The chancery court also found that Phillip was not entitled to an equitable lien on the property. Phillip appealed, and the Court of Appeals affirmed. The Supreme Court granted certiorari. |
| Summary of Opinion Analysis: | The parties agree that the Morrows conveyed the property to Phillip without reservation in 1993; that the Morrows reconveyed the property to Phillip, reserving a life estate for themselves via Deed 2, which was acknowledged on March 23, 1996, and recorded on April 23, 1996; and that Phillip conveyed the property back to the Morrows via Deed 3, which was acknowledged on April 22, 1996, and also recorded on April 22. The chancery court found that the dates reflected in the acknowledgments were controlling, making Phillip’s deed to his parents the last deed executed. Phillip argues that the chancery court erred by relying on section 89-5-13 because the statute is inapplicable to this case. Section 89-5-13 is a curative statute for documents containing a defective acknowledgment and “otherwise has no bearing on a deed’s validity.” The chancery court found that, because both Deed 2 and 3 had been recorded for more than seven years, section 89-5-13 applied to validate the acknowledgments, creating a presumption that the deeds were executed as reflected on their faces. The chancery court further found that no evidence had been presented to rebut the presumption that the acknowledgments were valid. The Court of Appeals held that the chancery court did not err in “relating back” the delivery dates of Deeds 2 and 3 to the dates reflected in the acknowledgment by the notary. Under Mississippi law, a deed is not effective to transfer title unless and until it is delivered to the grantee. Delivery is a transfer of a deed from the grantor to the grantee or his agent or to some third person for the grantee’s use, in such manner as to deprive the grantor of the right to recall it at his option, and with intent to convey title. Before delivery, a deed is without force or effect. Even if a deed is properly acknowledged, the deed does not become effective to transfer title until delivery and acceptance are completed. No one questions whether Deed 2 bears the true signatures of the Morrows. Rather, the only question presented is when Deed 2 was effective to transfer title. The chancery court erred in relying on section 89-5-13 to find that Deeds 2 and 3 became effective on the dates reflected in the acknowledgments, without addressing Phillip’s uncontradicted testimony of the intent of the parties or considering when the deeds were delivered and accepted. Phillip’s testimony rebuts any presumption that Deed 2 was delivered or accepted by him prior to the recording of Deed 3. There is a presumption that Deed 3 became effective on April 22 and Deed 2 became effective on April 23, the dates they were recorded. No evidence was offered to rebut these presumptions other than the acknowledgments reflected in the deeds, which, in the face of evidence to the contrary, does not establish the dates that the deeds were delivered and accepted. As such, title to the property vested in Phillip without restriction at the time of Reba Morrow’s death. The case is remanded to the chancery court with instructions to enter an order quieting and confirming title in Phillip Morrow. |
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