McMahan v. Webb
| Docket Number: | 2006-CA-00373-COA Linked Case(s): 2006-CA-00373-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 09-23-2008 Opinion Author: Ishee, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Real property - Setting aside deed - Mental capacity Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes, Roberts, and Carlton, JJ. Procedural History: Bench Trial Nature of the Case: CIVIL - REAL PROPERTY |
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| Trial Court: |
Date of Trial Judgment: 02-09-2006 Appealed from: Jackson County Chancery Court Judge: Jaye A. Bradley, Sr. Disposition: COMPLAINT TO PARTITE REAL PROPERTY DENIED; DEED AND PROMISSORY NOTE SET ASIDE, CANCELLED, AND HELD FOR NAUGHT; AND DEFENDANT ORDERED TO PAY APPROXIMATELY $6,000 TO PLAINTIFF Case Number: 2002-1624-JB |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | BRANDI MCMAHAN |
HOLLY TRUDELL,
RICHARD B. TUBERTINI |
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| Appellee: | MONA WEBB, SUCCESSOR OF PATRICIA DIANNE LYONS, CONSERVATOR FOR AMY M. MALLETTE | EARL L. DENHAM, KRISTOPHER WEISS CARTER, WENDY C. HOLLINGSWORTH |
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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 - Setting aside deed - Mental capacity |
| Summary of the Facts: | Amy Mallette deeded a parcel of land that she held as a sole tenant to her sister, Brandi McMahan, and to herself as tenants in common. A short time later, Brandi brought suit to partition the property between herself and Amy. Amy, through her conservator, Mona Webb, then counterclaimed to have the deed transferring the property from Amy to Amy and Brandi set aside on the ground that Amy was incompetent at the time the transfer was made. The chancery court set aside the deed, finding that Amy was mentally incompetent and that there was a gross lack of consideration given for the property’s transfer. Brandi appeals. |
| Summary of Opinion Analysis: | Generally, in order to set aside a deed, it must be shown by clear and convincing evidence that the grantor lacked the mental capacity at the moment of execution to understand the legal consequences of his or her actions. Three ways exist to establish the mental incapacity of a person to execute a deed including: establishing that the grantor suffered from a total lack of capacity to execute the deed (i.e., that the grantor did not understand the legal consequences of his or her actions); establishing that the grantor suffered from a general “weakness of intellect” coupled with either inadequate consideration given for the transfer or a confidential relationship between the grantor and grantee; or establishing that the grantor suffered from permanent insanity up to and after the date of execution. Here, the chancellor received testimony from a doctor in which he stated that Amy is borderline mentally retarded. He testified that, as a result of her mental impairments, and to a reasonable degree of psychological certainty, Amy could not have understood the legal consequences of signing the warranty deed. His testimony was not refuted by Brandi during the trial. Given this evidence, the chancellor was not manifestly wrong in finding that Amy was mentally incompetent and, therefore, unable to understand the legal consequences of her actions when she signed the warranty deed. |
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