Thomas v. Benefield

HOLMES, Judge.

This is an appeal from the granting of a motion for summary judgment.

The circuit court granted plaintiffs motion for summary judgment, resulting in plaintiff’s acquiring possession of certain real property. Defendants appeal and we reverse.

The record in pertinent part reveals the following:

Plaintiff entered into a lease-sale contract with Mary C. Tombrello for the property in question on December 19, 1970. Tombrello executed a deed to plaintiff on March 2,1981. This deed was not recorded until June 10, 1985.

On June 10, 1981, the property was sold by the State of Alabama for…