Seymour v. Evans

608 So.2d 1141 (1992)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

Seymour conveyed a three-acre parcel of land to McDonnell. McDonnell executed a promissory note and deed of trust in favor of Seymour for the deferred portion of the purchase price. The McDonnell's conveyed by warranty deed the same land to the Colemans. The Coleman's assumed the indebtedness to Seymour. Two other couples wanted to purchase another tract of land from Seymour. The property was divided and conveyed equally to each of the couples with each getting 2.75 acres. An easement was conveyed to each couple across Seymour's unsold land for ingress and egress. Both of these couples, the Evans and the Cruses executed promissory notes and deeds of trust in favor of Seymour. All three parties that purchased land from Seymour intended to use it for residential purposes. Two years later, the Cruses filed an application to locate a mobile home on their property and were denied; the subdivision violated county ordinances and plat approval would have to be obtained and a paved road put in for ingress and egress. It was agreed that Seymour was unaware of the subdivision regulations when she conveyed the land. Ps, the couples, then filed a complaint in chancery against Seymour, and the real estate companies involved. A negotiated settlement was reached with the real estate companies. The Chancellor entered judgment against Seymour and the McDonnells setting aside the warranty deeds. The decree also required Seymour to reimburse the Evans and the Cruses for all payments made on the property together with their down payments, taxes, surveyor fees, forestry fees, loss of wages, closing costs, and attorney's fees. D appealed.