Estate of Wheeler
| Docket Number: | 2005-CA-01614-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 06-26-2007 Opinion Author: CARLTON, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Real property - Sufficiency of complaint - Validity of deed - Good faith Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., GRIFFIS, ISHEE AND ROBERTS, JJ. Dissenting Author : IRVING, J. Dissent Joined By : CHANDLER AND BARNES, JJ. Procedural History: Bench Trial Nature of the Case: CIVIL - REAL PROPERTY |
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| Trial Court: |
Date of Trial Judgment: 07-13-2005 Appealed from: Itawamba County Chancery Court Judge: Talmadge Littlejohn Disposition: CHANCELLOR DECLARED DEED VOID Case Number: 97-0207 |
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| Party Name: | Attorney Name: | |||
| Appellant: | THE ESTATE OF CHARLES WHEELER, DECEASED: GARY ROBBERSON |
JAK MCGEE SMITH |
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| Appellee: | NANCY LENA WHEELER FIKES, RICKEY DEWAYNE FIKES AND JEWEL WHEELER BURTON | C. MICHAEL MALSKI |
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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 - Sufficiency of complaint - Validity of deed - Good faith |
| Summary of the Facts: | Gary Robberson filed a "Petition for Sale of Land for Partition" against Jewell Wheeler Burton, Ricky Fikes and Nancy Wheeler Fikes claiming to own an undivided one fourth interest in certain real property. The property in question consists of two tracts of land. The first tract is made up of twenty two acres and located on the property is the home of Jewell and Edsel Burton. The second tract consists of twenty seven acres of farm land. Both tracts were purchased by Jewell Wheeler Burton and her first husband, Charles Wheeler. When Charles died, he left his share of two acres of the property containing the home and surrounding area to his wife, Jewell, and equal shares of his interest in the remaining acreage to his wife and daughter, Nancy. Jewell remarried and subsequently deeded all of her interest in both tracts of land to Lena Gray, Nancy's daughter and Jewell's granddaughter. She retained a life estate in the home and the two acres. Nancy conveyed her one fourth interest in the entire property, including the house and the two acres, to Ricky Fikes, her husband at that time. Robberson, Fikes’ first cousin, acquired a deed from Fikes giving him record title to one fourth interest in all of the subject property. The court confirmed title of the two acres of land and the home located on the property in Jewell Wheeler Burton and Edsel Burton with the remainder to Lena Gray. The court ordered that the property, not including the two acres on which the home sits or the home itself, be appraised and once a value is assigned, required Jewell to pay Robberson one fourth of the appraised value at which time, Robberson would be required to convey by deed his one fourth interest in the property to Jewell for life with the remainder interest to be vested in Lena Gray. Robberson appealed, and the Court of Appeals held that because the whole property was the proper subject of partition (not diminished by the home and two acres), the chancellor was required to partite the property either in kind or by sale. The case was remanded to the chancery court for a determination of whether a partition in kind is appropriate or whether a sale and division of the proceeds according to the respective interests of the parties is required. There were other actions pending during the time that matter was being appealed. The chancellor entered an order concerning all three of the then pending actions. The chancellor ruled that the deeds from Nancy to Fikes and Fikes to Robberson were void and quitted title to the property against Fikes and Robberson. Robberson appeals. |
| Summary of Opinion Analysis: | Issue 1: Sufficiency of complaint Robberson argues that Nancy’s complaint does not sufficiently state a cause of action against Robberson that could result in the possibility of Robberson losing a right to the property. Nancy, in addition to challenging the validity of the deed Nancy executed to Fikes, also requested that the court declare the deed from Fikes to Robberson void for lack of consideration. In addition to Nancy’s complaint, Robberson himself requested that the chancellor declare him owner of a one-fourth interest in the land. The very basis of Robberson’s complaint required the chancellor to determine whether Robberson was in fact the owner of the claimed interest. Issue 2: Validity of deed Robberson argues that the chancellor could not legally void the deed from Fikes to Robberson due to the invalidity of the deed to Fikes, because Robberson was a bona fide purchaser of the property. Robberson properly acknowledges the requirements for protection as a bona fide purchaser as acquiring land for valuable consideration, in good faith, and without notice of any defect in title. Robberson testified that he paid Fikes $3,300 for the interest in the property. Due to the lack of argument on this point, the point is conceded that Robberson paid adequate consideration for the interest in the property. The evidence is uncontradicted that Nancy signed the deed over to Fikes due to coercion and duress. There is evidence that Robberson knew Fikes abused Nancy. There was evidence to conclude that a reasonably prudent person with the knowledge Robberson possessed about the situation would have further inquired how Fikes obtained the property from Nancy. There is sufficient evidence to support the ruling of the chancellor that a court of equity would protect Nancy’s right to the property. Robberson has failed to meet his burden of proof to demonstrate he acted in good faith and was without notice of an adverse interest in the property. |
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