Hughes v. Pontotoc County

242 So. 2d 438, 1970 Miss. LEXIS 1379
CourtMississippi Supreme Court
DecidedDecember 7, 1970
DocketNo. 45998
StatusPublished
Cited by28 cases

This text of 242 So. 2d 438 (Hughes v. Pontotoc County) 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
Hughes v. Pontotoc County, 242 So. 2d 438, 1970 Miss. LEXIS 1379 (Mich. 1970).

Opinion

PATTERSON, Justice:

Dr. Ralph Hughes, appearing pro se, appeals from a decree of the Chancery Court of Pontotoc County. The basis of his appeal is that the entire opinion of the lower court “is predicated upon a finding which is erroneous as a matter of law that there was no deed executed or delivered by the county prior to October 3, 1961.” We affirm.

The appellant’s bill of complaint sought cancellation of certain “restrictions” in a deed executed by Pontotoc County as clouds upon his title to five and one-half acres of land. The complainant alleged that the Board of Supervisors, through its resolution of June 6, 1961, obligated the county to sell the land to him without restriction. He alleged that immediately after the resolution was entered on the minutes, he paid the consideration of $520 to the county, but that he did not receive his deed until October 3, 1961, which contained the “restrictions” here sought to be cancelled. The complainant alleged further that even though this deed was not in accord with the prior resolution of the board and with the agreement of the parties, nevertheless, the complainant did in fact begin to build a [439]*439hospital on the property within three years from its date, thus complying with its terms.

The defendant, Pontotoc County, in its answer admitted the recitations of the minutes of June 6, 1961, but denied that the resolution contained the description of the land sued upon. It denied payment of the consideration immediately after June 6, 1961, and averred that the payment was made upon delivery of the deed with the restrictions on October 3, 1961. It further averred that the deed was delivered in accord with a resolution of the board of supervisors which preceded its delivery. A copy of this resolution was attached to the answer and is, less its formal parts and description of the land, as follows:

OCTOBER 3, 1969
WHEREAS, this Board did on the 6th day of June, 1961 pass an order which was entered in the minutes in Book 14 at page 390 adjudicating that certain property owned by the county was no longer needed for county purposes and directed that same be sold to Dr. Ralph Hughes on which he was to build a hospital. * *
WHEREAS, there was found to be a defect in the description given of said 5.5acres of land, now therefore it is now again adjudged and found that said 5.5 acres of land is no longer needed for county purposes and the same is described as follows:
******
WHEREAS, Dr. Ralph Hughes has offered to pay for said above 5.5 acres of land the sum of $520.00 and within three (3) years from the date hereof to erect thereon a Hospital and allied buildings and a residence, now
******
It is further ordered that the deed shall show the complete consideration for the sale of said property and that these restrictions be placed in said deed, and further said deed shall be a Quit Claim Deed, That Dr. Ralph Hughes is to pay Pontotoc County, Mississippi, the sum of $520.00 and that if a Hospital is not begun on said property within three (3) years from the date of this deed then this 5.5acres shall revert back to Pontotoc County, Mississippi. * * *
******

The county pled estoppel, asserting that the complainant by accepting the deed is now estopped to deny its terms. A cross bill was filed which alleged that the complainant had not in good faith begun the construction of a hospital within the three-year period, wherefore, it prayed that title be adjudged to have reverted to the county.

Upon trial, the resolutions of the board of supervisors of June 6, 1961, and October 3, 1961, were introduced into evidence as was the deed which contained the restrictions set forth in the resolution of October 3, one of which is:

It is further agreed between the parties that if a Hospital is begun in good faith within 3 years from the date of this deed and if same thereafter is finished and put into operation at that time all of these restrictions shall become void and from the time said hospital begins operations said restrictions are lifted and from then on said property shall be owned with no further restrictions placed on the use of said 5.5acres of land.

The wife of the appellant testified that the deed was ready for delivery on October 2, 1961, and that she went to the chancery clerk’s office at the request of her husband to obtain it. She further testified that she then paid the consideration of $520 and that while the clerk was preparing a receipt, she perused the deed and observed no restrictions in it. Upon being given the receipt, she left the deed with the clerk to be recorded.

The complainant testified that on the date of delivery he requested an attorney to examine the deed to make sure it was properly drawn. Thereafter, he was advised that the description was erroneous, [440]*440whereupon, he directed the attorney to have it corrected and filed for record. Subsequent to its recordation his wife obtained the deed and placed it in their safety deposit box. He testified further that he was not aware of the restrictions in the deed until approximately two years later when he attemped to secure a loan to finance the hospital.

The evidence on behalf of the county, additional to the minutes of the board of supervisors and the deed, was that construction of the hospital had not begun in good faith in accord with the terms of the conveyance. On rebuttal, Dr. Hughes testified that some drainage tile work had been done on the site as well as some “bush hog” and “bulldozer” work. Thereafter, the court viewed the property upon motion of the cross-complainant.

In its opinion the lower court found that no deed was ever executed pursuant to the order of June 6, 1961, and that the resolution of the board of supervisors of October 3, 1961, rescinded the prior order and that the deed delivered to the complainant contained the provisions requiring the grantee to commence a hospital within three years from its date or suffer reversion of title. The court then held that the evidence, including its own inspection of the property, failed to prove that a hospital had been commenced within three years, whereupon, the court decreed that the title to the property had reverted to the county.

The contention of the complainant on appeal is that the court erred in finding there was no deed executed or delivered by the county prior to October 3, 1961. His argument is premised on the testimony of his wife that the deed was delivered to her on October 2, 1961, containing no restrictions, which was corroborated by the receipt of the chancery clerk on like date and is uncontradicted and must be accepted by the court. He cites in support thereof Shivers v. Biloxi-Gulfport Daily Herald, 236 Miss. 303, 308, 110 So.2d 359, 361 (1959), wherein we stated:

Moreover, evidence which is uncon-tradicted or undisputed should ordinarily be taken as true by the trier of facts, if it is not inherently improbable or unreasonable. It cannot be arbitrarily disregarded.

as well as Ryals v. Douglas, 205 Miss. 695, 722, 39 So.2d 311, 312 (1949), where Headnote No. 7 states:

The uncontradicted testimony of witness who is not impeached must be accepted as true.

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Cite This Page — Counsel Stack

Bluebook (online)
242 So. 2d 438, 1970 Miss. LEXIS 1379, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hughes-v-pontotoc-county-miss-1970.