Troup v. Loden

Fletcher, Presiding Justice.

In 1974 Ida Maxwell Loden executed a warranty deed transferring land to her son, Thomas Edison Loden. Two other sons signed the deed as witnesses. In 1994 Betty Troup and other heirs of the witnessing sons sued Thomas to void the deed or establish a constructive trust based on a promise he allegedly made when the deed was executed to divide the property with his brothers after their mother’s death. Ida Loden died in 1983, but Thomas Loden did not give his brothers any property before their deaths in 1985 and 1988. The trial court concluded that laches barred the…