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Seymour v. Evans

Supreme Court of Mississippi
608 So. 2d 1141 (Miss. 1992)


Facts

Edna Seymour (defendant) owned land in Jackson County, Mississippi that she decided to sell. In 1983, she conveyed a three-acre parcel to John and Katherine McDonnell, who paid her part of the price and executed a promissory note and deed of trust in her favor. Later that year, the McDonnells conveyed the same parcel by warranty deed to Jerry W. and Bonnie Ann Coleman (plaintiffs), who assumed the McDonnells’ debt to Seymour. In 1984, Seymour conveyed two additional parcels of property, of about 2.75 acres each, to Larry and Gina Evans and Dudley and Lori Cruse (all also plaintiffs). The owners of all three lots intended to use them for residential purposes. But when the Cruses applied for a permit to put a mobile home on their land, they were told that it would need to be brought into compliance with certain subdivision ordinances before a permit would be issued. Similarly, when the Evanses and the Colemans asked if they could obtain permits, they were told they would need to bring their lots into compliance with the ordinances. Neither couple actually applied for a permit. At the times of the property sales, Seymour was not aware of the subdivision ordinances. The violations arose when Seymour subdivided the property. The Cruses, the Evanses, and the Colemans filed suit against Seymour and several other parties. Many of the claims were dismissed, but the trial court entered judgment against Seymour, and set aside the warranty deeds of the properties. The trial court also required Seymour to reimburse the Cruses and the Evanses for all the payments they made on the properties, plus their costs of litigation. Seymour appealed.

Rule of Law

Issue

Holding and Reasoning (McRae, J.)

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