Estate of Martin Luther King Jr., Inc. v. Ballou
2012 U.S. Dist. LEXIS 39793
| S.D. Miss. | 2012Background
- Estate of Martin Luther King, Jr., Inc. sues Howard Ballou for return of King documents and damages for conversion.
- Ballou moves for summary judgment on statute of limitations and merits; estate argues ownership and right to possession.
- Documents were originally in possession of Maude Ballou, Dr. King’s personal secretary, obtained during her employment since 1955.
- Documents were stored by Leonard Ballou and later discovered in ECSU basement in December 2007; ECSU delivered them to Ballou after Leonard’s death.
- King Estate learned of the documents around February 2010 and filed suit; Mississippi law governs limitations for conversion and replevin, though the injury occurred in Georgia.
- Court grants summary judgment for Ballou, finding the claims time-barred and estates lacking ownership/possession rights; alternative merits analysis supports dismissal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| When did the statute of limitations accrue? | Accrual upon discovery or upon demand, not necessarily at initial taking. | Limitations begin when the wrongful act occurs, not on discovery; or from when a demand was made. | Accrual occurred at the time of the initial taking (summer 1960); time-barred under Mississippi three-year/ six-year framework. |
| Did King Estate prove ownership or right to possess the documents? | Estate owns documents or has right to possession; Ballou lacked valid ownership. | Maude Ballou possessed documents as a gift or as property given by Dr. King; ownership rests with Ballou. | Court held King Estate failed to prove ownership; Ballou granted summary judgment on merits. |
| Was there a valid inter vivos gift from Dr. King to Maude Ballou for the documents? | Gift not proven for specific documents; cannot establish ownership via general assertions. | Ballou presented testimony that Dr. King gave documents personally to her to keep as a gift. | Ballou’s testimony reasonably supports a finding of inter vivos gift; ownership vested in Ballou. |
Key Cases Cited
- Price v. United States, 69 F.3d 46 (5th Cir. 1995) (conversion accrues where ownership interest is inconsistent with holding; later acts may constitute the conversion)
- Cycles, Ltd. v. W.J. Digby, Inc., 889 F.2d 612 (5th Cir. 1989) (conversion defined as unauthorized dominion over another's property)
- General Motors Acceptance Corp. v. Bates, 954 F.2d 1081 (5th Cir. 1992) (conversion requires an act of dominion inconsistent with owner's rights)
- Witherspoon v. Blewett, 47 Miss. 570 (Miss. 1873) (tortious taking can establish accrual; demand/return considerations depend on context)
- Johnson v. White, 21 Miss. 584 (Miss. 1850) (tortious taking initiates the statute of limitations period)
- Griffin v. Jones, 161 Miss. 776 (Miss. 1931) (replevin accrues when property is wrongfully taken or withheld)
- Wilder v. St. Joseph Hosp., 225 Miss. 42 (Miss. 1955) (proper framing of conversion and delays related to knowledge)
- West v. Nationwide Trustee Servs., Inc., 2009 WL 5103159 (S.D. Miss. 2009) (discusses discovery versus accrual in the context of limitations)