Owenby v. Holley

Mikell, Judge.

In this action for specific performance, we reverse the grant of summary judgment to the defendants-appellees and affirm the denial of the plaintiff-appellant’s motion, holding that genuine issues of material fact remain for trial. The relevant facts follow.

In 1982, George L. Owenby executed a warranty deed conveying property to his sister, Lucy O. Mayfield, in exchange for $25,000. In the deed, Owenby reserved “an option to re-purchase property for $25,000.00 if grantee or her heirs decide to resale [sic] the property.” In connection with the sale, Mayfield executed a…