Kilby v. Keener

Jordan, Chief Justice.

Keener’s complaint alleged wrongful possession of lands by the Kilbys. The Kilbys’ counterclaim sought to cancel Keener’s deeds. The trial court sustained Keener’s motion for partial summary judgment and dismissed the Kilbys’ counterclaim. The Kilbys appeal. We affirm.

The Kilbys previously had sued Keener seeking cancellation of the identical deeds. In the first case, the trial court entered an order sustaining Keener’s motion to dismiss but allowing the Kilbys thirty days to amend. The Kilbys did not appeal within thirty days from entry of that order. Neither did they…