Pearson v. Hall

BRIGHTMIRE, Presiding Judge.

The controversy here is between two family factions each of whom claim title to a certain five-acre parcel of land. The ultimate issue to resolve is whether granting a summary judgment quieting title to the subject land in the counterclaiming defendants was an appropriate disposition of the lawsuit.

We hold it was not, reverse the judgment and remand for trial.

I

By way of introducing the dispute it may be said that plaintiffs, proceeding under *481the banner of Bessie Davis,1 claim title to the subject land by virtue of an executed oral contract for deed made in 1950…