Jones v. Kirk
290 Ga. 220
| Ga. | 2011Background
- Clyde Willis Jones (Clyde Sr.) devised to his wife Olla Fields a life estate in 40 acres, with remainder to Clyde Sr.’s five children in equal shares upon Fields’ death.
- Freddie Jones, Clyde Sr.’s grandson, reportedly occupies 2.2 acres within the 40-acre tract based on an oral gift from Clyde Sr. dating back to 1988.
- After Clyde Sr. and Fields died, four heirs petitioned for partition to sell the 40 acres; one heir, Jackie E. Jones, did not sign.
- The trial court granted partition and ordered sale of the 40 acres on March 27, 2007.
- Freddie moved to intervene when a newspaper ad announced the sale in Summer 2008; the court granted intervention and suspended the sale.
- The heirs moved for summary judgment arguing Freddie lacked evidence of ownership of the 2.2 acres; the trial court granted summary judgment for the heirs, which the Court of Appeals affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Freddie owns the 2.2 acres under a parol gift exception to the Statute of Frauds. | Freddie asserts possession and meritorious consideration. | Heirs argue no enforceable parol gift due to lack of valuable improvements. | No; parol gift not proven. |
| Whether Freddie’s possession constitutes genuine issue of material fact requiring trial. | Freddie contends possession based on grandfather’s promise creates a factual dispute. | Heirs contend possession alone does not prove a valid parol gift without improvements. | No genuine issue; undisputed facts favor heirs. |
| Whether Freddie made valuable improvements to the land tied to the alleged gift. | Freddie claims improvements support enforceability. | Improvements were by Freddie’s grandfather or not permanent/valuable to the land. | Not established; improvements not proven substantial or permanent. |
| Whether the trial court properly applied the standard of review and granted summary judgment. | Freddie argues there are material facts in dispute needing trial. | Record lacks evidence of Freddie’s ownership on which to base relief. | Summary judgment proper; no material factual dispute. |
Key Cases Cited
- Whittemore v. Whittemore, 275 Ga. 536 (Ga. 2002) (value of improvements required for parol gift; slight but permanent improvements suffice if substantial)
- Smith v. Lanier, 199 Ga. 255 (Ga. 1945) (parol gift of land requires valuable improvements)
- Milton v. Milton, 192 Ga. 778 (Ga. 1941) ("meritorious consideration" supports parol gift obligations)
- Home Builders Assn. of Savannah v. Chatham County, 276 Ga. 243 (Ga. 2003) (de novo review standard for summary judgments on appeal)