First American Title Insurance Co. v. Clifton

Charles N. Clifton died in 1978 survived by his widow, Dorothy, and two adult children, Charles A. and Lonnie Clifton. Charles N. willed “all of my estate, real, personal or mixed to my wife, Dorothy.”

On August 13,1986 Charles A. purported to convey a one-half, undivided, remainder interest in what had formerly been Charles N.’s homestead estate to his son, Charles A. Clifton, Jr. The purchase price was $104,000 with $4,000 paid in cash together with a $100,000 purchase money mortgage which had a $96,162 balance at the time of trial. First American Title Insurance Company insured this title.

Th…