Posey v. Posey

This appeal involves a claim by a father for rescission of deeds to his son that the father claims were executed in consideration of a promise of support. Such an action is authorized by Ala. Code 1975, § 8-9-12. There are other claims in the action below, but the trial court granted summary judgment for the son on this claim and entered a final judgment on it pursuant to Rule 54(b), Ala.R.Civ.P. The only issue presented is whether the father presented sufficient evidence that such a promise of support was a material consideration for the deeds to withstand the son's motion for summary…