Graf v. Michaels

MONTGOMERY, Judge.

Plaintiff and his wife1 brought an action to set aside two deeds given to Defendants purportedly for a narrow strip of land off Plaintiffs property. The petition generally alleged that Defendants fraudulently induced Plaintiff to sign a deed and later a correction deed for a tract larger than agreed upon. Defendants’ motion to dismiss Plaintiffs second amended petition alleged that Plaintiffs cause of action was barred by the five-year statute of limitations, § 516.120(5)2. The trial court sustained the motion and this appeal followed.

Summarized, Plaintiffs petition alleges…