Walls v. Ivy
| Docket Number: | 2008-CA-01669-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 04-13-2010 Opinion Author: Myers, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Real property - Setting aside of recorded deed - Statute of limitations - Concealed fraud doctrine Judge(s) Concurring: King, C.J., Lee, P.J., Irving, Griffis, Barnes, Ishee and Roberts, JJ. Non Participating Judge(s): Carlton, J. Concur in Part, Concur in Result 1: Maxwell, J. Procedural History: Summary Judgment Nature of the Case: CIVIL - REAL PROPERTY |
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| Trial Court: |
Date of Trial Judgment: 08-29-2008 Appealed from: Clay County Chancery Court Judge: H. J. "Jim" Davidson, Jr. Disposition: GRANTED SUMMARY JUDGMENT FOR DEFENDANT Case Number: 2003-0083 |
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| Note: | Due to a military leave of absence, Hon. Virginia C. Carlton did not participate in this hand down. | |
| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Julia Walls, R.C. Holliday, and Stella Coleman |
BENNIE L. JONES, JR. |
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| Appellee: | Sherman Ivy | RANDOLPH WALKER | ||
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 of recorded deed - Statute of limitations - Concealed fraud doctrine |
| Summary of the Facts: | In 2003, Julia Walls, R.C. Holliday, and Stella Coleman filed a complaint in chancery court to set aside or reform a warranty deed recorded in January 1974. The deed purported to have been executed in late 1973 and early 1974 by the heirs of Julia Holliday, consisting of the plaintiffs, Christine Heard Ivy, and three other individuals – William Holliday, LaZure Holliday, and Bernice Heard. It conveyed six acres of land in Clay County to Christine Heard Ivy and her husband, Sherman Ivy. The plaintiffs alleged in their complaint that they had intended to convey only one acre to the Ivys and that the deed conveying six acres had been either inadvertently or fraudulently executed. They further alleged that they had discovered the deed in late 2002, approximately twenty-eight years after it was recorded. Both parties filed competing motions for summary judgment. The trial court granted summary judgment to Ivy, and the plaintiffs appeal. |
| Summary of Opinion Analysis: | Because the deed was recorded in 1974 and suit was brought in 2003, both parties agree that the plaintiffs’ claims are barred by the statute of limitations unless the statute was tolled by the concealed fraud doctrine. The statute of limitations on a cause of action to set aside an alleged fraudulent conveyance begins to run once the complainant either discovers, or should have discovered with due diligence, the property transfer. Concealed fraud may toll the statute of limitations, but it will not toll the statute where the instrument is recorded as a matter of public record. The plaintiffs also argue that the trial court should have granted Ivy’s initial motion to dismiss their complaint, without prejudice, to allow them to file an amended complaint. This issue is procedurally barred on appeal because the plaintiffs have failed to cite any relevant authority showing that this amounted to reversible error. |
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