Thornton v. North American Acceptance Corp.

Undercofler, Justice.

This is an action in ejectment. The appeal is from an order granting a summary judgment for a writ of possession in favor of the plaintiff. Held:

1. The uncontradicted evidence shows that the plaintiff holds title to the property under two warranty deeds. One deed is from the defendant and her husband dated March 15, 1967, and the other from a Mrs. Edna W. Westberry dated March 15, 1967. There being no genuine issue of fact concerning the title to the property, the trial judge did not err in granting summary judgment for a writ of possession.

2. The deed from the defendant…