Moore v. Bryson

Judge Britt

dissenting:

The effect of the majority opinion is to say that if at trial petitioner offers competent evidence commensurate with her showing at the hearing on the motions for summary judgment, she would be entitled to go to the jury on her contention that E. C. Bryson holds the D. R. Bryson homeplace in trust for the benefit of petitioner and other tenants in common of the 12 acre tract. I respectfully disagree.

At the hearing, the following undisputed facts were shown: Petitioner and her cotenants regarded the homeplace as a parcel of land completely separate and apart from the 12…