Rose v. Cain

Miller, Judge.

Plaintiff Ralph D. Cain filed this action to set aside a security deed to residential real estate purportedly signed by him in favor of defendant Terry R. Rose as grantee to secure a supposed $85,000 debt. Rose counterclaimed, alleging an oral agreement that Cain would convey the property described in the security deed at issue. At the close of all the evidence, the trial court directed a verdict against this counterclaim and denied Rose’s motion for a directed verdict on Cain’s claim of fraud in the factum. In a special interrogatory, the jury found the security deed was not…