Sudduth v. Sudduth

ON REHEARING

The original opinion in this matter is hereby withdrawn and the following substituted in lieu thereof.

Plaintiffs/appellees, John and Monie Sudduth, are elderly people. On December 7, 1973, they executed a deed transferring their 9-acre tract and homesite to one Louise Herod, who later married their son, Bobby Sudduth, reserving ". . . the right during the lifetime of either, to occupy the house located on said above described property, rent free, as long as they so desire or until their death." The consideration for the transfer, according to the elder Sudduths, was $3,000 and an…