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McCLELLAN v. PENNINGTON

1030548.

895 So.2d 892 (2004)

Janell McCLELLAN v. Roger W. PENNINGTON.

Supreme Court of Alabama.

Rehearing Denied August 20, 2004.

Attorney(s) appearing for the Case

Philip D. Segrest, Jr., of Segrest, Segrest & Weldon, Tuskegee, for appellant.

Albert C. Bulls III, Tuskegee Institute, for appellee.

STUART, Justice.

Janell McClellan appeals from a summary judgment entered in favor of Roger W. Pennington, declaring Pennington to be the owner in fee simple of a villa located in the Stillwater Resort on Lake Martin. We reverse and remand.

Procedural Background

On May 1, 2000, McClellan sued Pennington, asserting claims of fraud in obtaining a deed, civil conspiracy to defraud, fraudulent conversion of property and rents, trespass to property...

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