Byrd v. Woods

FAIR, J.,

for the Court:

¶ 1. Samson Byrd claims an interest in certain real property. He appeals from the Franklin County Chancery Court’s grant of summary judgment in favor of the defendants asserting three errors. We affirm in part and reverse and remand in part.

FACTS

¶ 2. Cherry Byrd left eighty acres of land to his sons, James Leslie Byrd and Cornelius Byrd. In a partition action each son received forty acres. James had at least five children, among them Samson and Lottie Woods. Cornelius had at least one, Cornelius Fred Byrd, Jr.

¶ 3. In February of 2007 Lottie filed a complaint for adverse…