Gardner v. Hancock

MONTGOMERY, Presiding Judge.

Ruth Elizabeth Gardner (Respondent), James Gardner’s niece, brought a quiet title action with an alternative count for partition against Josephine Gardner Broyles (Appellant). 1 After a bench trial, the trial court determined that Appellant is the equitably adopted daughter of Stanford R. Chapman and Josie E. Chapman and is “judicially es-topped” from asserting she is an heir of James Gardner, her natural father. The trial court adjudged that Appellant had no right, title or interest in the real estate in question, and consequently the Hancocks took nothing by…