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Demyers v. Demyers

January 07, 1999

WILLIAM L. DEMYERS
v.
LILLEMOR DEMYERS



Before Pittman, P.j., Smith And Mills, JJ. Pittman, Presiding Justice, For The Court:

DATE OF JUDGMENT: June 2, 1997

TRIAL JUDGE: HON. STUART ROBINSON

COURT FROM WHICH APPEALED: HINDS COUNTY CHANCERY COURT

NATURE OF THE CASE: CIVIL - DOMESTIC RELATIONS

DISPOSITION: AFFIRMED - January 7, 1999

MOTION FOR REHEARING FILED:

MANDATE ISSUED:

STATEMENT OF THE CASE

¶1. On May 18, 1995, William L. Demyers (hereinafter William), filed suit against Lillemor Demyers (hereinafter Lillemor) to force her to reconvey title in the marital domicile to him, alleging several legal bases upon which to find relief. After a trial on the merits, the court issued its opinion on May 13, 1997, and a judgment was entered accordingly on June 2, 1997, dismissing William's complaint. On June 12, 1997, William filed his motion for new trial or amendment of the judgment. On July 13, 1997, the motion was denied. Feeling aggrieved by the rulings of the trial court, William filed this appeal.

STATEMENT OF THE FACTS

¶2. On May 15, 1992, an instrument entitled "Grant Deed" was executed by William and filed on October 9, 1992, transferring the fee simple title in the home located at 134 Kelvin Drive, Pinehaven Estates, Lot 20, Clinton, Mississippi, (Clinton home) to Lillemor. On the same day, William signed a Quitclaim Deed transferring the fee simple title in the Clinton home to Lillemor.

¶3. Approximately four years after transferring the Clinton home to Lillemor, on January 5, 1996, William filed a complaint against Lillemor alleging that the transfer of title in the Clinton home to Lillemor should be set aside on the following bases:

"1. No consideration given by Lillemor for the land, therefore, unjust enrichment and equitable estoppel should apply. "2. A constructive trust was created by operation of law, based upon an oral promise of Lillemor to reconvey the land."

ΒΆ4. William and Lillemor were married in 1976 and were divorced on December 1, 1986. The divorce judgment mandated that William pay the sum of $500.00 per month in child support; and awarded possession and title of the marital residence located at 10441 Christmas Drive, Huntington Beach, California, to Lillemor. William ...


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