Nelson v. Nelson

Crothers, Justice.

[¶ 1] William Nelson appeals from a judgment ordering the sale of real property, removing him from the property, ordering him to pay past rent, and awarding Steven Nelson and Gail Nelson-Hom attorney fees for defending against his frivolous pleadings. The district court erred in granting partial summary judgment on William Nelson's claims of undue influence and lack of mental capacity involving the execution of the quitclaim deed to the property and we reverse and remand for trial on those issues. We reverse the award *482 of costs and attorney fees and remand for…