Anthony Overton, et al v. Hilda Gay Lowe, et al

This litigation arose out of a family dispute regarding the ownership of a farm of approximately 300 acres. In 1985, Mr. and Mrs. Arlie Overton, who will be referred to collectively as “the parents,” conveyed their interest in the property to their five adult children. The complaint in this case alleges that, at the time of the conveyance, the parents and the children agreed that the children would transfer the property back to the parents upon their request. In 1986, three of the children conveyed their interest in the property to the other two children. In 1999, Novella Overton (“ Mother”) asked the two defendant daughters to transfer the property back. The daughters refused. The parents and the three grantors of the 1986 deed brought suit against the two daughters and a son-in-law, alleging breach of the oral agreement to reconvey. At the close of the plaintiffs’ proof during a jury trial, the court granted the defendants’ motion for a directed verdict as to all claims. We hold that there was material evidence before the jury supporting the claim that there was an oral agreement to transfer the property back to the parents. We further hold that the trial court erred in concluding, as a matter of law, that the 1986 conveyance in some way terminated the oral agreement and extinguished the parents’ claim. Accordingly, we vacate the directed verdict as to the claim of Anthony Overton, Executor of the Estate of Mother. As to the directed verdict with respect to the claims of the plaintiffs Shairon Fay Howard, Derita Kay McCulloch, and Arlie Dennis Overton, we affirm the trial court’s judgment. This case is remanded for further proceedings as to the complaint of the Executor of Mother’s estate.