Daniel Waters v. Wilson Waters
A21A0092
| Ga. Ct. App. | Jun 30, 2021Background
- In 1999 Daniel transferred 9.86 acres to his father, Wilson, and Wilson’s wife Jeannette via a Deed of Gift; Jeannette died November 1, 2018.
- A warranty deed dated and notarized November 3, 2018 purported to convey the same land from Wilson to Daniel for $1; it was recorded January 10, 2019.
- Notary Lex Williams and witness Kimberly Payne testified they saw Wilson sign and that Wilson affirmed he wanted to transfer the property; Williams said he did not verify Wilson’s license at the signing (Daniel says Williams did check ID).
- A forensic handwriting examiner retained by Wilson opined the deed signature is a simulated forgery; Wilson testified he did not recall signing and did not want the land conveyed to Daniel; Wilson’s attorney denies any agreement to convey.
- Daniel filed the deed and attempted dispossessory action; Wilson sued to set the deed aside as a forgery and moved for partial summary judgment, which the trial court granted; Daniel appealed and the Court of Appeals reversed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Authenticity of deed signature | Signature is genuine; notary and witness observed Wilson sign | Signature is forged; forensic expert says simulated forgery; Wilson denies signing | There are genuine factual disputes about who signed; summary judgment improper |
| Adequacy of evidence for partial summary judgment | Depositions and witnesses create conflicts requiring a jury | Motion established forgery and lack of title transfer | Court: movant did not eliminate material factual disputes; reverse summary judgment |
| Proper attestation/notary identification | Notary witnessed signing and (per Daniel) checked ID | Notary testimony conflicted about ID check; witness uncertain | Disputed facts about notarial identification and attestation preclude summary judgment |
| Legal effect of a forged deed | If validly executed, deed conveys title | A forged deed is a nullity and vests no title | Court acknowledges forged deeds are nullities but whether this deed is forged is a factual question for the jury |
Key Cases Cited
- Estate of Fanning v. Estate of Fanning, 354 Ga. App. 282 (2020) (discussing de novo review and summary judgment standard)
- Patterson v. Wright, 354 Ga. App. 286 (2020) (credibility disputes keep issues for the jury on summary judgment)
- Z & Y Corp. v. Indore C. Stores, Inc., 282 Ga. App. 163 (2006) (formal requirements for a valid deed)
- Lionheart Legend v. Norwest Bank Minnesota Nat. Assn., 253 Ga. App. 663 (2002) (improperly executed deed may still bind parties absent fraud)
- Aurora Loan Svcs. v. Veatch, 288 Ga. 808 (2011) (a forged deed is a nullity and vests no title)
- Hurst v. Evans, 284 Ga. App. 274 (2007) (summary judgment only when facts are undisputable)
- Williams v. Williams, 223 Ga. 374 (1967) (competency issues relevant where raised)