IN RE: THE MATTER OF THE CONSERVATORSHIP OF MITTIE T. ALEXANDER v. JB PARTNERS, A Tennessee General Partnership (Tenn. Ct. App. November 2, 2011)
Plaintiff Conservator filed an action seeking rescission of a warranty deed executed by her Ward prior to the establishment of the conservatorship. The deed conveyed real property in Nashville to Defendant without consideration, but retained a life-estate. Plaintiff alleged incapacity to contract as grounds for rescission. Prior to the filing of Plaintiff's action, Defendant and Appellee Intervener executed a contract for sale of the property, subject to the life-estate. The trial court determined that the Intervener held superior title to the real property under the doctrine of equitable conversion. The trial court entered final judgment in favor of Intervener pursuant to Tennessee Rule of Civil Procedure 54.02. We affirm in part, reverse in part, and remand.
Opinion available at:
http://www.tba2.org/tba_files/TCA/2011/alexanderm_110211.pdf
