Macland v. Allen Family Trust

BREITHAUPT, J. pro tempore

This case arises from a dispute between members of the Allen family over ownership of certain land and a rental house (the property) located in Jackson County (the county). Plaintiff sought a judgment declaring him owner of the property and ordering an accounting and that defendant deed the property to him. The trial court granted summary judgment for defendant, and plaintiff appeals. We agree with plaintiff that the trial court erred and reverse and remand.

In January 1978, Jess and Aldura Allen acquired the property as tenants by the entirety. In July 1978, the…