OWEN v. SUMMERS


97 S.W.3d 114 (2001)

Dorothy Jean OWEN, et al., v. George D. SUMMERS.

Court of Appeals of Tennessee, at Jackson.

Permission to Appeal Denied October 7, 2002.


Attorney(s) appearing for the Case

John D. Horne, Memphis, for Appellant, George D. Summers.

J. Houston Gordon, Covington, for Appellees, Dorothy Jean Owen on relation of Joseph B. Owen, Jr.

W. FRANK CRAWFORD, P.J., W.S., delivered the opinion of the court, in which DAVID R. FARMER, J. and HOLLY KIRBY LILLARD, J., joined.


Permission to Appeal Denied by Supreme Court October 7, 2002.

OPINION

This is an action to set aside a warranty deed. Plaintiff-Grantor filed suit on February 11, 1997, to set aside a deed executed July 11, 1989, on the grounds of fraud and mental incompetency. The defendant-grantee denied fraud and mental incompetency and affirmatively relied upon the seven-year statute of limitations. Following a jury trial, which ended in a mistrial, the parties stipulated...

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