Gordon v. McGee, et Al.
| Docket Number: | 2006-CA-01367-COA Linked Case(s): 2006-CA-01367-SCT ; 2006-CA-01367-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 10-16-2007 Opinion Author: LEE, P.J. Holding: Reversed and Rendered |
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| Additional Case Information: |
Topic: Real property - Partition - Motion for payment of taxes Judge(s) Concurring: KING, C.J., MYERS, P.J., IRVING, CHANDLER, GRIFFIS, ISHEE, ROBERTS AND CARLTON, JJ., Judge(s) Concurring Separately: Barnes, J., concurs with separate written opinion, joined by Chandler, Griffis and Roberts, JJ. Procedural History: Jury Trial Nature of the Case: CIVIL - REAL PROPERTY |
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| Trial Court: |
Date of Trial Judgment: 07-18-2006 Appealed from: OKTIBBEHA COUNTY CHANCERY COURT Judge: Kenneth M. Burns Disposition: CHANCELLOR AWARDED GORDON 1/8TH INTEREST IN REAL PROPERTY. Case Number: 02-0316 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | HAROLD C. GORDON, JR. |
TAYLOR TUCKER |
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| Appellee: | MAGGIE MCGEE, KATIE YOUNG, ROSIE DEL HARRIS, VELDA S. WILLIAMS, VELMAR S. STALLINGS, TIE RON S. RANDLE, SAIN S. TROTTER, EUNICE S. HAYNES, BOBBIE S. TOLON, THEODORE SMITH, ECKFORD SMITH, PATRICK BIBBS, COLEMAN BURESS, ANGELA BURESS, LINDA GAIL YOUNG, AMY DENISE BURESS MILLER, CARRIE JEAN BURESS, EARLEEN BIBBS, YOLANDA RANDLE, TIFFANY BIBBS, QUENTIN BIBBS, GRETA BIBBS, BILLIE GILLESPIE, TERRY GILLESPIE, LINDA GILLESPIE DAVIS; AND ANY AND ALL UNKNOWN HEIRS OF MINNIE BIBBS | GARY GOODWIN |
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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 - Partition - Motion for payment of taxes |
| Summary of the Facts: | Harold Gordon filed a petition for determination of heirship and partition of real property. He claimed an interest in approximately eighty acres of real property owned by various members of the Bibbs family. The chancellor entered a decree determining that Gordon owned an undivided one-eighth interest in the property. The chancellor also ordered a sale of the merchantable timber and a partition of the property once the timber was sold. Eventually the timber was sold and funds were disbursed including $5,562.43 to Maggie McGee, one of the Bibbs heirs, for reimbursement of taxes. Gordon appeals. |
| Summary of Opinion Analysis: | Gordon argues that the chancellor erred in determining that he only owned a one-eighth interest in the property and in authorizing the reimbursement of taxes to Maggie McGee in the amount of $5,562.43. In construing instruments of conveyance, it is necessary under well recognized rules of construction that they be considered as a whole, and the intent of the parties be gathered from the plain and unambiguous language contained therein. A deed can only convey title in land that the grantor actually possesses or owns. Ed Bibbs obtained ownership of the real property in question in 1933. Ed and his wife Minnie had eight children, Patrick, Scott, Eddie, Katie, Annie, Maggie, Rosie and Ezell. Upon Ed’s death, this real property passed to his nine heirs in equal shares. Minnie and her eight children each owned a one-ninth interest in the real property. In 1950, seven of Ed’s nine heirs conveyed, via quitclaim deed, their interest in the property to Minnie. Ezell was not included and retained his one-ninth interest while Minnie then had eight-ninths interest. In 1974, Minnie conveyed the property, via quitclaim deed, back to all of her eight children, including Ezell, as tenants in common with equal parts. Ezell later died and his heir at law, Ezell Bibbs, Jr., retained his interest in the property. In 1998, Ezell, Jr. conveyed his interest in the property, via warranty deed, to Gordon. Since Ezell clearly did not convey his interest back to his mother, Minnie, and that this one-ninth interest clearly passed to his son, Ezell, Jr. in addition to the one-eighth share from Minnie in 1974, the chancellor erred in finding that Gordon only owned a one-eighth interest. Gordon also argues that the chancellor erred in awarding Maggie McGee the sum of $5,562.43 as reimbursement for taxes. Gordon states that McGee mailed a motion for reimbursement of payment of ad valorem property taxes on June 19, 2006, but that this motion was never filed. According to the general chancery docket pages, Gordon is correct, this motion was not entered into the docket. The record does not contain any information regarding this motion other than the chancellor’s order. Since this motion was not properly before the chancellor and the appellees offer no evidence to support the chancellor’s findings, this issue is also reversed and rendered. |
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