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12/02/94 MARLA A. CRAIG v. DELORES WILLCOX

December 2, 1994

MARLA A. CRAIG
v.
DELORES WILLCOX



Appeal from Mobile Circuit Court. (CV-92-003979). Ferrill D. McRae, Trial Judge.

Rehearing Overruled January 13, 1995, . Released for Publication May 24, 1995.

Holmes

The opinion of the court was delivered by: Holmes

HOLMES, Retired Appellate Judge

This case involves the redemption of property, pursuant to Ala. Code 1975, §§ 40-10-82 and -83.

Marla A. Craig filed a two-count complaint against Delores Willcox, wherein Craig sought to quiet title in certain property located in Mobile County, Alabama. In the second count of the complaint, Craig sought, pursuant to § 40-10-83, to redeem this property, which Willcox had purchased at a tax sale.

Willcox filed an answer, wherein she alleged that the redemption of the property from a tax sale was barred by the statute of limitations, pursuant to § 40-10-82.

Craig filed a motion for summary judgment. Willcox filed a motion for summary judgment as to count two of the complaint. After a hearing the trial court issued an order, dated March 25, 1994, which granted the motion for summary judgment in favor of Willcox.

Craig filed a motion for reconsideration and a motion to strike portions of the affidavit filed by Willcox. Willcox filed a motion for summary judgment as to count one. After a hearing the trial court issued an order, dated July 6, 1994, which denied the motion for reconsideration and the motion to strike and granted the motion for summary judgment in favor of Willcox.

Craig appeals. This case is before this court pursuant to Ala. Code 1975, § 12-2-7(6).

This court notes that this is a summary judgment case. On review of a summary judgment, the appellate court must view all the evidence in a light most favorable to the non-movant, and the appellate court must entertain all reasonable inferences from the evidence in favor of the non-movant. Lee v. City of Gadsden, 592 So. 2d 1036 (Ala. 1992).

With the above in mind, our review of the record reveals the following pertinent facts: Willcox owned property which adjoined the subject property and was acquainted with Leon and Hattie Brown, owners of the subject property. Willcox purchased the subject property at a tax sale in June 1980. Thereafter, Willcox obtained a tax deed for the subject property, dated August 26, 1983.

At the time that Willcox purchased the subject property, it was owned by Hattie Brown, who resided in the house located on the subject property. Brown was a widow who had inherited the subject property from her husband, Leon Brown, upon his death. Brown continued to reside on the subject property with Willcox's permission until her death in 1989. The record reveals that some time prior to Brown's death in 1989, Leroy Thrash and his wife, Texanna Thrash, moved into the residence on the subject property to care for Brown. The Thrashes continued to reside on the subject property following the death of Brown.

The record does not include a copy of Brown's will, but it does contain a copy of a September 24, 1991, order of the circuit court in a lawsuit involving Brown's estate. A dispute arose between the Thrashes and ...


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