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Property Keyed to Saxer
Jones v. Shannon
Facts
Bettye Shannon (Defendant) and Henry Jones divorced. They entered into a separation agreement that was incorporated into the judgment of divorce. The agreement provided that the home they owned as joint tenants with the right of survivorship would remain jointly owned until it could be sold in a commercially reasonable manner. Defendant was given exclusive right to possession of the home during the period it was listed for sale. After the sale, creditors would be paid and any leftover proceeds would be divided equally amongDefendant and Decedent. Decedent thereafter married Aretha Jones (Plaintiff) and purported to convey to Plaintiff his interest in the property held with Defendant. Three years later, Decedent died intestate. At the time of his death, the property in dispute had not been sold. As representative of Decedent’s estate, Plaintiff petitioned the trial court to quiet title to the home and to order a sale. Defendant and Plaintiff both filed motions for summary judgment. The trial court denied Plaintiff’s motion for a summary judgment and entered judgment in favor of Defendant. Plaintiff appealed.
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