Malcom v. Wilson

Orien Malcom sought rescission of a warranty deed by which he had conveyed 50 acres of land in DeKalb County to Shelia Shelton. His complaint alleged misrepresentation by Shelton that had induced him to make the conveyance. Orien Malcom died shortly after commencement of the action, and Doyle Malcom, administrator of the estate of Orien Malcom, was substituted as plaintiff. Appellees Lester and Nancy Wilson and First State Bank of DeKalb County were subsequently added as parties defendant. After hearing the case without a jury, the trial court entered judgment rescinding the deed only as to…