Whitworth v. Whitworth

Hall, Justice.

This is an appeal with a certificate from the denial of a summary judgment motion.

In 1952 Louise P. McFarland conveyed by warranty deed a 91.3-acre tract of land in Franklin County to Carl H. Whitworth ("appellant”), who was two years old at the time of the conveyance. The purchase price was supplied by appellant’s father Paul H. Whitworth ("decedent”), who occupied the property until his death intestate in 1972 and who retained possession of the deed from the time of its execution until his death. The deed was duly recorded in 1972. In July, 1973, appellant gave the Citizens &…