Duty v. Duty

OPINION BY Senior Justice HARRY L. CARRICO.

This litigation was commenced when Margaret J. Duty filed in the trial court a bill of complaint against David Duty, praying for a determination of the rightful owner of a parcel of land in Russell County containing 0.521 acres. 1 In a final order, the trial court determined that Margaret Duty was the lawful owner of the property. We awarded David Duty this appeal.

The case was heard upon an "Agreed Written Statement of Facts," which shows that Margaret Duty received a deed to the 0.521-acre tract from W.B. Gray and America Virginia Gray dated May 16,…