Herrington v. LaCount

Mobley, Justice.

This appeal is from the denial of a motion for summary judgment by the defendants in an ejectment action brought by Marie LaCount against Arthur Herrington, Jr., and Gloria E. Herrington, seeking to recover possession of Lot 10 in a described subdivision.

The defendants on the motion for summary judgment offered as evidence the affidavit of the defendant Arthur Herrington, Jr., and the affidavit of John M. Brennan, attorney for the defendants. No evidence was submitted by the plaintiff in opposition to the motion. Herrington concedes in his affidavit that the defendants have no…