Powell v. Evans

FAIR, J.,

for the Court:

¶ 1. Before this Court for review is the enforcement of an agreed judgment. It was clearly within the chancellor’s authority to consider the intent of the parties in entering into the agreed judgment and to fashion a way to carry out that intent. Reluctantly, however, we must reverse and remand for the chancery court to join Bel-issa Powell as a necessary party, after her mother, Julia Powell, gave her a warranty deed to some of the property about two months before the hearing.

¶ 2. This litigation originated as a suit for partition of “heir property,” and it retains the…