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MRS. CAROL A. ADAMS v. MARK OIL

MAY 18, 1983

MRS. CAROL A. ADAMS
v.
MARK OIL, INCORPORATED



BEFORE PATTERSON, C.J., ROY NOBLE LEE AND ROBERTSON, JJ.

PATTERSON, CHIEF JUSTICE, FOR THE COURT:

This suit in ejectment was brought in the Circuit Court of George County by Mark Oil, Incorporated, against Carol A. Adams. The court found Mark Oil to be the lawful owner of the questioned property and ordered Mrs. Adams to vacate the premises.

Necessary to the trial court's decision was the determination of title to the property as between the parties. A brief history concerning the title and business relationship of the parties follows:

 1. On March 2, 1974, Carol Adams and her now deceased husband, Thomas Adams, purchased by warranty deed a home and approximately eight acres of land;

 2. A deed of trust was executed by the Adams to the First Federal Savings & Loan Association on March 11, 1974, to secure the purchase price; 3. Mr. Adams conveyed the property to Mrs. Adams July 23, 1974;

 4. On August 6, 1974, the Adams executed a second deed of trust to Mark Oil to secure an indebtedness of Mr. Adams to Mark Oil;

 5. A suit to set aside this second deed of trust was filed by the Adams on November 11, 1974;

 6. Mark Oil brought suit against Mr. Adams on an open account November 12, 1974;

 7. Mark Oil foreclosed on the second deed of trust in December of 1974;

 8. On March 17, 1975, Mr. and Mrs. Adams executed a quitclaim deed conveying the property to Mark Oil. On the same date Mr. Adams entered into a contract for the repurchase of the property from Mark Oil and executed two promissory notes to it;

 9. An order of dismissal was entered April 4, 1975, stating the suit to set aside the second deed of trust had been fully compromised and settled;

 10. On January 22, 1976, Mark Oil brought an unlawful entry and detainer action against Mrs. Adams resulting in a judgment against her for $11,526.64;

 11. The judgment was subsequently enrolled and Mark Oil filed for a writ of garnishment which ended in a voluntary ...


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