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Estate of Annie Crook v. Foster

The trial court erred in granting a judgment notwithstanding the verdict because there was a conflict in the evidence as to a material issue.

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The estate of Annie Crook and Ralph Jackson, in his capacity as administrator of the estate collectively, the Estate, sued Albert L. Foster for unjust enrichment. A jury found in favor of the Estate, awarding damages in the amount of $30,000, and the trial court entered a judgment. Thereafter, the trial court entered an order granting a judgment notwithstanding the verdict JNOV and, alternatively, a motion for new trial. The Estate appeals that order, and we reverse for the reasons that follow.

The record shows that Crook owned a house in Peach County that was paid for and unencumbered by a mortgage. Crook and Foster began dating in 2003, and in August 2010, they decided to purchase a home in Dooly County. In order to purchase the Dooly County property, Crook executed a deed for her Peach County home to secure the debt, and both Crook and Foster signed a note for $50,000 in favor of SunMark Bank the Bank.1 The Dooly County home was titled in the name of both Crook and Foster as joint tenants with a right of survivorship.

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