MILLEDGEVILLE UNITED METHODIST CHURCH, ET AL. v. JIMMY G. MELTON, ET AL. - Articles

All Content


Posted by: Tanja Trezise on Sep 14, 2012

Court: TN Court of Appeals

Attorneys 1:

Jon A. York, Donald D. Glenn, and Melissa K. Van Pelt, Jackson, Tennessee, for the appellant, Jimmy G. Melton.

Attorneys 2:

Terry Abernathy, Selmer, Tennessee, for the appellee, Milledgeville United Methodist Church.

Judge(s): STAFFORD

This case involves a dispute over the ownership of a parcel of real property. Appellee church purchased the disputed property from the seller bank in 1974, but failed to record its deed. Through a clerical error, the seller bank sold the disputed property to Appellant real estate investor in 2008. Appellant promptly recorded his deed. After the investor demolished a portion of a wall constructed by the church on the disputed property, the church sued to quiet title and for damages. The trial court ruled that the deed to the investor was void as champertous because the church’s possession of the property was open and obvious at the time of conveyance. Thus the trial court ruled that the church was the true owner of the property. Although we affirm the decision of the trial court, we rely on grounds other than those found by the trial court.