Shipman v. Penney

The complaint in this case sought cancellation of a deed the appellant made to the appellees conveying land of which the appellees are still possessed. It also asked for “the fair market value” of the other tract which was no longer in the appellees’ possession. It also asked that the appellees be “directed by the court to turn over all personal property belonging to the plaintiff [appellant].” Thus, the complaint seemed to seek several different kinds of remedies which could have been available based on a number of theories of recovery.

1. The Deeds

In his memorandum opinion, the chancellor…