Franke, Schultz & Mullen, PC | <div >Nick Hillyard obtains favorable appellate court decision</div >
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Nick Hillyard obtains favorable appellate court decision

09/07/2011

The Missouri Court of Appeals for the Western District recently affirmed the trial court's ruling in favor of the defendant in Hammack v. Coffelt Land Title, Inc., Case No. WD72477. In Hammack, the plaintiff filed suit as trustee of a family farm trust for negligence and breach of contract against the defendant title company over its handling of a deed and money received from the sale of certain farm property upon a grantor's death prior to closing. On appeal, the Court agreed with the defendant and affirmed the lower court's Judgment in favor of the defendant, finding that the deed was placed in escrow and delivery of the subject deed related back to before the grantor's death to properly transfer ownership and prevent a trust and beneficiary deed from dictating what was done with the property.