Myers v. Funderburk

Phipps, Judge.

Gene Funderburk purchased real property from Hamp Myers by general warranty deed. The property was later forfeited to the United States due to criminal activity by the person from whom Myers obtained title. After an unsuccessful challenge to the government’s adverse claim, Funderburk sued Myers, alleging breach of warranty of title and fraud in the conveyance. The trial court granted Funderburk summary judgment, finding breach of warranty of title and awarding him the purchase price plus interest. Myers appeals, complaining that Funderburk knew before he purchased the property…