McIver v. Jones

Beasley, Presiding Judge.

Mclver, executor of the estate of Manuel Jones, sued decedent’s brother Joseph, seeking to cancel a 1986 deed to 315 acres of land in Telfair County, to impress a constructive trust on the property in favor of Jones’ estate, and for injunctive relief. The executor appeals the grant of summary judgment in favor of Joseph. The sole issue is whether the action is barred by the doctrine of res judicata. It is and we affirm.

In 1986, Manuel Jones was the record owner of the acreage. In that year, he underwent brain surgery and incurred hospital expenses of $137,000. Fearing…