Pope v. Hendley

Andrews, Judge.

Hendley filed a dispossessory action against Pope alleging that Pope was a tenant without right to remain in possession of the property at issue, and seeking a writ of possession directing that he be given possession of the premises. Pope appeals from the order of the trial court granting summary judgment in favor of Hendley.

Pope defended the action by claiming that she was not a tenant holding over, but was the beneficiary of an implied trust by which she acquired a life estate in the real property at issue. The following facts are undisputed: In January 1988, Pope conveyed a…