Giles v. Giles

Decision Date25 September 1981
Citation404 So.2d 649
PartiesJ. C. GILES, Jr. v. Carrie Jane GILES. 80-206.
CourtAlabama Supreme Court

William Beck, Sr. of Beck & Beck, Fort Payne, for appellant.

Al Shumaker, Centre, for appellee.

ALMON, Justice.

This appeal involves the denial of a Rule 60(b), ARCP, motion seeking relief from a final summary judgment.

The summary judgment arose from a suit filed by Carrie Jane Giles to recover land in possession of her son, J. C. Giles, Jr. The land had been owned by J. C., Sr., father of J. C., Jr., when J. C., Sr. died, presumably without a will, as one was never probated, Carrie Jane, his wife, remained on the property. Soon thereafter Mrs. Giles asked J. C., Jr. and his wife to move onto the land so that they could care for her. J. C., Jr. and his wife acceded to her request and built a house and made various improvements on the land.

Sometime later Mrs. Giles went to Marietta, Georgia, to visit some of the her other children. There was obviously dissension in the family regarding the several parcels of land in question, and in May, of 1979 Mrs. Giles filed suit to oust J. C., Jr. and his wife. J. C., Jr. counterclaimed for "an equitable interest in a portion of the property"; sought to enjoin Mrs. Giles from interfering with his possession of the property; and in the alternative, $25,000 compensation for the improvements he had made.

Mrs. Giles moved for and was granted summary judgment in October of 1979 on her claim to recover possession of the property. Her claim for an accounting was denied. J. C., Jr.'s motion to alter, amend or vacate, or, in the alternative, grant a new trial was overruled. J. C., Jr.'s motion to stay the execution sought by Mrs. Giles was also overruled.

On April 9, 1980, the attorney for J. C., Jr. withdrew as attorney on record.

On April 18, 1980, Mr. Beck, J. C., Jr.'s newly employed attorney filed a motion which we construe to be under Rule 60(b), ARCP. Attached to this motion is a deed dated March 1, 1965, conveying some of the land in question to J. C., Jr. The deed is from J. C., Jr.'s mother and father and is attested by one witness.

The sworn motion continued as follows:

That the Deed, Exhibit B, was delivered to the Defendant during the lifetime of Carrie Jane Giles and her husband, the father of the defendant, J. C. Giles, who is deceased; and he accepted the deed in good faith as it was presented by his mother and father to him. Sometime after he got the deed his mother and father both told him there might be some doubt about the legality of the deed because it had one witness, and also that his brothers and sisters had told him it wasn't any good because it only had one witness, and that his attorney told it wasn't any good because it had only one witness. That was during all the litigation, and he not being informed in the law, and not well educated, did not know any better, therefore, he did not file it for record, that he was put in possession of the land in question, described in the deed, and he has occupied it and claimed it as against the other children, and due to the mistake that was made and the belief that the deed was no good, because it only had one witness; he was deprived of this element of defense because his own attorney in Centre, Alabama, informed him it was not any good because it only had one witness, and told him there was no use to offer said deed in evidence, so relying on said Attorney's statement, he did not bring forth this deed, Exhibit B and he found out after he consulted his attorney in Fort Payne, Alabama, that it was good deed, that was the only thing wrong with it, it was valid and even after this, he went to the Probate Office in Cherokee County, Alabama, and the Officials in the Probate Office told him the deed wasn't any good because it had only one witness and did not want to accept it for record, but told him they would record it even though it was a void deed because it wasn't executed properly. Because of all this information that the deed was not any good because it only had one witness, it was not brought forth and offered...

To continue reading

Request your trial
22 cases
  • Midway Oil Corp. v. Guess
    • United States
    • Wyoming Supreme Court
    • February 5, 1986
    ...1385 (1982); Westring v. Cheyenne National Bank, Wyo., 393 P.2d 119 (1964); Lake v. Lake, 63 Wyo. 375, 182 P.2d 824 (1947); Giles v. Giles, Ala., 404 So.2d 649 (1981). We will not pursue the question of exercise of discretion as involved in this case with a motion to set aside a default jud......
  • R.E. Grills, Inc. v. Davison
    • United States
    • Alabama Supreme Court
    • January 28, 1994
    ...filed "within a reasonable time," and that, therefore, the circuit court did not abuse its discretion in granting it. Citing Giles v. Giles, 404 So.2d 649 (Ala.1981), Davison also argues that even if his motion had been based on Rule 60(b)(1) grounds, "aggravating circumstances" and the int......
  • Ex parte Oden
    • United States
    • Alabama Supreme Court
    • August 7, 1992
    ...granted Dr. Oden relief on the merits of his Rule 60(b)(6) motion. A similar situation was presented to this Court in Giles v. Giles, 404 So.2d 649 (Ala.1981). Mrs. Giles brought an action to recover land in the possession of her son J.C. Giles, Jr. After a summary judgment for Mrs. Giles a......
  • Ex parte Wal-Mart Stores, Inc.
    • United States
    • Alabama Supreme Court
    • September 25, 1998
    ...a Rule 60(b)(6) motion. See R.E. Grills, Inc. v. Davison, supra, 641 So.2d at 229; Chambers County Comm'rs v. Walker, supra; Giles v. Giles, 404 So.2d 649 (Ala.1981); and Rebel Oil Co. v. Pike, 473 So.2d 529 (Ala.Civ.App. 1985). But in R.E. Grills, Inc. v. Davison, supra, 641 So.2d at 230, ......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT