Grisham v. Edwards

I respectfully dissent.

The question whether anyone witnessed the execution of the deed at issue in this case was a question of fact to be determined by the trial court. See West v. West, 620 So.2d 640, 642 (Ala.1993). The presence of the signatures of the purported witnesses upon the deed raised a rebut-table presumption that the deed was properly witnessed. See Farmer v. Hypo Holdings, Inc., 675 So.2d 387, 391 (Ala.1996); and Henslee v. Henslee, 263 Ala. 287, 289, 82 So.2d 222, 224 (1955). However, Rachel G. Edwards presented sufficient evidence from which the trial court could have…