TOMMIE L. HUEY, APPELLANT
LEMORRIS STRONG, APPELLEE
OF JUDGMENT: 11/24/2014
COUNTY CHANCERY COURT HON. JANE R. WEATHERSBY
ATTORNEY FOR APPELLANT ALSEE MCDANIEL
ATTORNEY FOR APPELLEE HELEN E. MORRIS
IRVING, P.J., CARLTON, FAIR AND GREENLEE, JJ.
This is a property case between two first cousins involving a
lot in Moorhead, Mississippi. On February 25, 2009, Acey Huey
deeded Lot 24 of Palmer Subdivision to his daughter, Fillisa
Huey. He had received the property from his grandmother in
the probate of her will; a court order evidencing Acey's
title by devise had been recorded in the land records of
A written agreement entitled "Repairing and Renting
Agreement" was thereafter signed by Acey and his
brother, Tom Huey, calling themselves "landlords"
and Tom's daughter, Tommie Huey, calling herself
"tenant." Dated August 7, 2009, and prepared at
Tommie's direction by her godmother, the agreement
provided that Tommie would pay rent of $150 per month and
repair the property at her sole expense. It further stated
the landlords could not increase her rent or evict her
without reasonable cause. If forced to leave for any other
reason, she would be reimbursed for labor and material
expended by her on the property, moving expenses, and
"pain and suffering." Fillisa was unaware of the
agreement's existence until almost three years later.
On June 8, 2012, Fillisa sent Tommie an eviction notice by
certified mail, directing her to vacate the property. On June
21, 2012, Fillisa sent Tommie a Notice to Pay Rent or Quit,
advising Tommie to pay her $800, $400 as a rental deposit and
$400 as the first month's rent, within 30 days or remove
herself from the property.
By deed dated July 25, 2012, Fillisa conveyed the property to
LeMorris Strong, who filed the deed on August 14, 2012.
On July 27, 2012, the 2009 rental agreement signed by Acey,
Tom, and Tommie was filed in the lis pendens records of
Sunflower County, attached to a "Notice of
Subordination, Attornment and Non-Disturbance
In November 2012, Strong made a written demand for Tommie to
cancel the documents filed on July 27, attaching a
cancellation document for that purpose along with a copy of
Mississippi Code Annotated section 11-55-5 (Rev. 2004), which
provides for an award of costs and attorney's fees for
frivolous litigation under the Litigation Accountability Act
(LAA) of 1988.
After Strong acquired the property, he began to tear down the
termite-infested carport. He soon discovered that Tommie had
left some personal belongings in the home and that she was
still claiming an interest in the home. So he filed an
eviction claim in Sunflower County Justice Court on August 6,
2012. The case was dismissed after Tommie's attorney
stated that Tommie had completely moved out of the home.
In June 2013, Strong filed a complaint to remove clouds and
quiet title of the lot in himself. Tommie counterclaimed for
wrongful eviction on August 9, 2012. She also filed a
cross-claim against Acey and Fillisa, but made no effort to
obtain process over them.
After a hearing, the Sunflower County Chancery Court entered
an order dismissing Tommie's counterclaim and
cross-claim, removing clouds and quieting title in Strong,
and finding that Tommie's ...