Brinson v. McMillan

Fletcher, Justice.

Appellees, the heirs of the late Charles McMillan, Jr., claim title to certain tracts of land owned by McMillan when he died intestate in 1988. A title examination revealed an uncancelled deed to secure debt (security deed) from McMillan dated September 9, 1977 conveying the land to Junie B. McMillan, who is now Junie Brinson. After Brinson refused to execute a cancellation order, appellees filed this action seeking to enjoin Brinson from foreclosing the security deed and also seeking cancellation of the security deed. The trial court granted appellees’ motion for summary…