CARAWAY Et Al. v. SPILLERS

Branch, Judge.

Phillip and Wendy Caraway and Matt Toland Spillers have deeds to the same property. Spillers filed suit to cancel the Caraway deed and for declaratory relief, and the trial court granted summary judgment in favor of Spillers because Spillers recorded his deed first. On appeal, the Caraways contend that there is an issue of fact as to whether their possession of the property put Spillers on notice of their claim of title to the property. We agree and reverse.

Summary judgment is proper when there is no genuine issue of material fact and the movant is entitled to judgment as a…