Roth v. Weir

OPINION

TOUSSAINT, Chief Judge.

On appeal from a summary judgment stating that appellant-covenantee failed to bring his action on a deed before the statute of limitations expired, covenantee argues that the district court erred in ruling that his cause of action accrued when the deed was delivered. Because covenantee brought his action within the statutory period after a third party successfully asserted an interest in the land contrary to covenantee’s interest, we reverse and remand.

FACTS

In June 1990, Scott Newman sold various assets to Mark Weir, including a 1/3 interest in a building. Weir’s…