Mitchell v. Mitchell

HOLMES, Judge.

This is an appeal from a summary judgment granted in favor of the plaintiff and against the defendant for possession of certain real property.

The parties to this appeal were divorced in 1980. As part of the division of property the defendant (husband) gave the plaintiff *1043(wife) a quitclaim deed to certain real property.

In August 1982, the wife filed suit against the husband seeking possession of the property plus damages for the wrongful withholding of the property by the husband. In September 1982, the husband filed a motion to dismiss for failure to state a claim, which was…