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[T] Griffin v. Griffin

July 21, 1998

CLAUDE GRIFFIN, CLYDA MAE MYERS AND TAMORA ROBINSON, APPELLANTS
v.
LOTTIE GRIFFIN (CAMPBELL), APPELLEE



Before Bridges, C.j., Coleman, And Diaz, JJ.

The opinion of the court was delivered by: Diaz, J., For The Court:

Griffin, et al v. Griffin, 96-CA-00187-COA

THIS OPINION IS NOT DESIGNATED FOR PUBLICATION AND MAY NOT BE CITED, PURSUANT TO M.R.A.P. 35-B

DATE OF JUDGMENT: 02/13/96

TRIAL JUDGE: HON. DENISE OWENS

COURT FROM WHICH APPEALED: HINDS COUNTY CHANCERY COURT

NATURE OF THE CASE: CIVIL - REAL PROPERTY

TRIAL COURT DISPOSITION: SUIT TO SET ASIDE CONVEYANCES DISMISSED

MOTION FOR REHEARING FILED:

CERTIORARI FILED:

MANDATE ISSUED:

The appellants assert that the chancellor committed reversible error in dismissing their lawsuit to set aside certain real property conveyances. They argue (1) that the deeds in question were fraudulently recorded and thus the chancellor's judgment is void; (2) that the chancellor erroneously applied the doctrines of res judicata and collateral estoppel to bar their lawsuit; (3) that the identities for res judicata and collateral estoppel were not met with regard to the properties which were not adjudicated in the previous decrees of divorce; and (4) that the chancellor abused her discretion in precluding the appellants from pursuing discovery. Finding the foregoing arguments without merit, we affirm.

FACTS

Sylvester and Lottie Griffin were married on July 28, 1969. Prior to and during the marriage, Sylvester acquired several parcels of real estate. On July 11, 1983, Lottie filed a complaint for divorce against Sylvester and sought the division of real property, some of which was titled in both parties' names and some of which was titled in Sylvester's name only. During the subsequent divorce proceedings, Lottie discovered eight parcels of land which had been deeded to Sylvester by relatives, but which had never been recorded. Lottie then notified her attorney, who, with the chancellor's permission, recorded the previously unrecorded deeds. The appellants, who are successors in title to Sylvester, then filed a complaint for declaratory judgment, asking the lower court to declare the deeds ...


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