MARTHA R. SCENT v. CHESTER SHOEMAKER ET AL. - Articles

All Content


Posted by: Tanja Trezise on Dec 4, 2012

Head Comment: CORRECTION: "gHood" changed to "Hood"

Court: TN Court of Appeals

Attorneys 1:

James W. Brooks, Jr., Wartburg, Tennessee, for the appellant, Ellen W. Hood.

Attorneys 2:

Ernest A. Petroff and Stephen A. Marcum, Huntsville, Tennessee, for the appellee, Martha R. Scent.

Judge(s): SUSANO

Martha Scent filed a declaratory judgment action against multiple defendants to establish her rights with respect to a deed of trust that granted her a lien on a tract of land. In addition, Scent sought to establish that “her” signature on a release of her deed of trust is a forgery. The trial court granted Scent partial summary judgment voiding and nullifying the release of her trust deed. The case proceeded to a bench trial with the focus on the priority of trust deeds as between Scent and the defendant Ellen W. Hood. Based upon the application of the doctrine of merger, the court ruled that Scent held the priority position. The court awarded judgment in her favor and Hood appeals. We affirm.

Attachments: