Estate of Littlejohn
Earl R. Littlejohn, Deceased
---------
Barbara Tanke, Lowen Littlejohn,
and Russell Littlejohn, heirs
of Earl R. Littlejohn, Deceased, Appellants
v.
Becky J. Domier, Personal
Representative of the Estate of
Earl R. Littlejohn, Deceased, Appellee
Judge Laurie A. Fontaine
| Appellant: | Fleming, DuBois & Fleming, PLLP | |
| Appellee: | Welch and Ekman |
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ISSUE ONE: Did the trial court err in calculating the ten (10) year statute of limitations from the Date of the execution of the deeds in question, rather than the date the parties knew or should have know of the defects?
ISSUE TWO: Is summary judgment in this case appropriate when a material question of fact exists regarding when the objecting parties had notice of the defect in the deeds?
ISSUE THREE: Did the deeds executed in 1990, and in 1991 under the authority of the Power of Attorney which did not grant the Attorneys in fact the power to convey real estate, convey title to the real property at issue, to wit: the NW¬ Sec. 4 Twp. 160 Rge. 52; NE¬ Sec. 14 Twp. 160 Rge. 53?
Appellee's Statement of the Issues:
I. Did the Trial Court Err in Calculating the Ten-Year Statute of Limitations From the Date of the Execution of the Deeds in Question, Rather Than the Date the Parties Knew or Should Have Known of the Defects?
II. Is Summary Judgment in this Case Appropriate When a Material Question of Fact Exists Regarding When the Objecting Parties Had Notice of the Defect in the Deeds?
III. Did the Deeds Executed in 1990 and in 1991 Under the Authority of the Power of Attorney, Which Did Not Grant the Attorneys in Fact the Power to Convey Real Estate, Convey Title to the Real Property at Issue, to-wit: The NW¬ of Section 4, Township 160, Range 52 and the NE¬ of Section 14, Township 160, Range 53?
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