Dean v. Conn

419 So. 2d 148
CourtMississippi Supreme Court
DecidedAugust 11, 1982
Docket53662
StatusPublished
Cited by29 cases

This text of 419 So. 2d 148 (Dean v. Conn) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dean v. Conn, 419 So. 2d 148 (Mich. 1982).

Opinion

419 So.2d 148 (1982)

James Porter DEAN
v.
Rodger N. CONN.

No. 53662.

Supreme Court of Mississippi.

August 11, 1982.
Rehearing Denied September 22, 1982.

Sharp & Fisher, William L. Sharp, Corinth, for appellant.

Wilson & Hinton, Phil R. Hinton, Corinth, for appellee.

Before WALKER, P.J., and BROOM and ROY NOBLE LEE, JJ.

WALKER, Presiding Justice, for the Court:

This is an appeal from a judgment of the Circuit Court of Alcorn County, Mississippi, wherein the appellee was awarded $17,524.17 damages resulting from malpractice of the appellant, an attorney-at-law.

The principal issue in this case is whether the appellant conducted his inquiry into who constituted the heirs at law of the deceased, Mrs. Sue N. Gant, in accordance with the knowledge, skill and ability ordinarily possessed and exercised by members of the legal profession in Alcorn County, Mississippi.

During November of 1973, Mrs. Sue Gant contacted James Porter Dean, an attorney, for the purpose of preparing a will and easements. Mrs. Gant met with Mr. Dean at his law office in Corinth, and during this meeting Mrs. Gant made known to Mr. Dean her wishes with respect to provisions of her will concerning her real and personal *149 property. However, Mrs. Gant never returned to execute either the will or the easements.

On August 31, 1974, Mr. Dean was summoned to the hospital room of Mrs. Gant. Mrs. Gant was being discharged when Mr. Dean arrived and they agreed to meet at the appellant's office the next week to execute her will. The next day, September 1, 1974, Mrs. Gant died.

Shortly after Mrs. Gant's death, Mrs. Olga Martin and Mrs. Cariece Conn, sisters of the deceased, met with Mr. Dean for the purpose of opening and guiding the estate through probate. On September 13, 1974, Mrs. Conn and Mrs. Martin returned to the appellant's office to sign the petition for appointment of co-administratrices and other probate documents.

The appellant testified that, as was his usual procedure for determining heirs at law of a deceased, he questioned the sisters concerning other relatives of the deceased. At trial, the court admitted into evidence the notes made during the conversations with Mrs. Conn and Mrs. Martin. Dean further testified that nothing in the demeanor nor statements during his prior meetings with the late Mrs. Gant, nor the subsequent conversations with the sisters and their families, indicated that there were any relatives of the deceased other than Mrs. Conn and Mrs. Martin.

Subsequently, the real and personal property of the deceased was divided between Mrs. Conn and Mrs. Martin. Mrs. Conn received the north 80 acres and Mrs. Martin the south 80 acres of one of the tracts of land. Shortly after the property was divided, Mrs. Martin sold her south 80 acres to her nephew, Rodger N. Conn, the appellee herein, for $20,000.00. Mrs. Conn, the appellee's mother, gratituously conveyed the north 80 acres to Rodger Conn.

Since Dean handled the probate matters of the late Mrs. Gant, Rodger Conn employed James Dean to check the title to the south 80 acre tract for the purpose of securing a loan. Dean, with the information he received from the late Mrs. Gant, Mrs. Martin and Mrs. Conn, checked and certified that the title had indeed been held in fee simple by the deceased, and now by the estate of Mrs. Sue N. Gant. He simultaneously prepared a warranty deed conveying the 80 acres from Mrs. Martin and Mrs. Conn to Rodger Conn which recited that Mrs. Martin and Mrs. Conn were the only heirs at law of Mrs. Sue Gant. Based on the appellant's deed and certificate of title, Rodger Conn obtained a loan and paid his aunt, Mrs. Martin, $20,000.00 for her 80 acres.

From 1974 until 1979 Rodger Conn resided on, improved and farmed the 160 acres. However, early in 1979, the other heirs of the late Mrs. Gant contacted Mrs. Martin, Mrs. Conn and Rodger Conn demanding their portion of Mrs. Gant's estate. In order to avoid protracted litigation, Rodger Conn and his attorneys negotiated with the remaining heirs and purchased the outstanding three-fifths interest in the 160 acres.

At trial, the plaintiff and defendant requested and were granted, among others, the following instructions, and no question is raised on appeal concerning them.

INSTRUCTION P-5
The Court instructs the jury, that the Plaintiff RODGER N. CONN, employed the Defendant, JAMES P. DEAN, to search the title to eighty (80) acres of land and to prepare a Warranty Deed to be signed by the owners of said land in order for the Plaintiff to obtain a loan for, and complete the purchase of, said land. The Court further instructs the jury that it was the duty of the Defendant to exercise the care, skill, knowledge and ability ordinarily possessed and exercised by members of the legal profession in this locality, in preparation of a Certificate of Title and Warranty Deed for the Plaintiff. The Defendant was bound to exercise ordinary diligence and a reasonable degree of care and skill with reference to the character of the business he undertook for the Plaintiff.
If you believe from a preponderance of the evidence in this case that
*150 1. the Defendant knew or should have known, by the exercise of the care, skill, knowledge and ability ordinarily exercised by members of the legal profession in this locality, that the Certificate of Title and Warranty Deed prepared by him did not disclose to Plaintiff all owners of the land purchased by Plaintiff, and
2. the Defendant's failure to exercise such care, skill, knowledge and ability was the sole proximate cause or proximate contributing cause of Plaintiff's damages,
then your verdict shall be for the Plaintiff.
However, if you believe from the evidence in this case that the Plaintiff has failed to prove any one of these elements by preponderance of the evidence in this case, then your verdict shall be for the Defendant.
INSTRUCTION D-1
The court instructs the jury that a lawyer is not an insurer or guarantor of the correctness of his work or the results which will be attained, but he is only required to exercise the knowledge, skill and ability ordinarily possessed and exercised by members of the legal profession similarly situated in this locality; and
If you believe that Jim Dean exercised that knowledge, skill and ability ordinarily possessed and exercised by members of the legal profession similarly situated in this locality in preparing the certificate of title to Northeast Mississippi Production Credit Association, then you shall not return a verdict against Jim Dean, although you may further find that said certificate of title was not fully accurate.
INSTRUCTION D-3
The court instructs the jury that in determining whether an Attorney exercised the knowledge, skill and ability ordinarily possessed and exercised by members of the legal profession similarly situated in this locality, you are not permitted to arbitrarily set a standard of your own or determing the question from your personal knowledge. On questions of legal knowledge, skill, ability and procedure in preparing a certificate of title to land, only those qualified as expert are permitted to testify. The standard of care must be established by individuals qualified as expert who are familiar with the preparation of certificates of title in this community under like circumstances.

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Bluebook (online)
419 So. 2d 148, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dean-v-conn-miss-1982.