Ulysses Conley v. Mary Francis Wright
193 So. 3d 663
| Miss. Ct. App. | 2016Background
- In 1998 Annie Dora Conley executed and/or caused to be recorded three deeds that resulted in Mary Francis Wright acquiring most of an 18-acre parcel; one deed reserved a life estate to Annie.
- Annie died in 2000; Wright, as estate administrator, probated and closed the estate; a notice to creditors concerning estate ownership was published in 2002 and the estate closed in 2004.
- Ulysses Conley (Annie’s son) alleges the 1998 deeds were improper/fraudulent but claims he first discovered the deeds in September 2011.
- Conley filed suit in May 2013 asking the chancery court to set aside the deeds and related instruments.
- Wright moved to dismiss as time‑barred; the chancery court granted the motion, applying a three‑year statute of limitations (later acknowledged to be error). Conley appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Conley’s claim to recover property is time‑barred | Conley argued the 10‑year land‑recovery statute or equitable doctrines (constructive trust) should permit relief despite delay | Wright argued the claim is barred by the statute of limitations because deeds were public record since 1998 and estate probate gave notice | Court affirmed dismissal: statute of limitations barred the suit because Conley failed to exercise reasonable diligence; dismissal was harmless despite chancery court citing a 3‑year limit instead of 10‑year limit |
| Whether three‑year or ten‑year statute applies | Conley argued three‑year should not apply; sought application of ten‑year limitations for land recovery | Wright implicitly relied on shorter limitations (per chancery court) to bar suit | Court acknowledged chancery court erred citing 3‑year rule but held the 10‑year rule controls and, even under 10 years, the claim was untimely given accrual at Annie’s death in 2000 |
| Whether discovery/probate tolling or concealed fraud saved the claim | Conley argued he did not discover deeds until 2011 and alleged concealment/fraud | Wright pointed to public record and probate (including 2002 creditor notice) as sufficient to charge Conley with constructive notice | Court held probate and published notice meant Conley had opportunity to discover claim by 2002; no exception applied |
| Whether a constructive trust claim can be considered on appeal | Conley raised constructive trust theory on appeal | Wright argued issue was not preserved for appeal | Court refused to address constructive trust because it was not raised below |
Key Cases Cited
- McWilliams v. McWilliams, 970 So.2d 200 (Miss. 2007) (discussed regarding prior application of three‑year rule)
- Lott v. Saulters, 133 So.3d 794 (Miss. 2014) (clarified ten‑year statute governs equitable land recovery actions)
- In re Estate of Reid, 825 So.2d 1 (Miss. 2002) (statute of limitations for successive possessor accrues at death of life estate holder)
- Southern v. Miss. State Hosp., 853 So.2d 1212 (Miss. 2003) (issues not raised at trial cannot be raised on appeal)
- Scaggs v. GPCH‑GP Inc., 931 So.2d 1274 (Miss. 2006) (standard for granting a motion to dismiss)
- Walton v. Walton, 52 So.3d 468 (Miss. Ct. App. 2011) (de novo review standard for motion to dismiss)