McClellan v. Pennington

STUART, Justice.

Janell McClellan appeals from a summary judgment entered in favor of Roger W. Pennington, declaring Pennington to be the owner in fee simple of a villa located in the Stillwater Resort on Lake Martin. We reverse and remand.

Procedural Background

On May 1, 2000, McClellan sued Pennington, asserting claims of fraud in obtaining a deed, civil conspiracy to defraud, fraudulent conversion of property and rents, trespass to property, and ejectment.1 She requested a jury trial.

Pennington answered the complaint and asserted the following counterclaims: (1) a request that the trial court…