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Cistola v. Daniel

The defendants were not entitled to a directed verdict on the plaintiff's fraud claim arising from his execution of a "corrective" quitclaim deed at the request of the defendants' real estate agent because whether the plaintiff's questions to the agent constituted reasonable diligence was a matter for the jury to decide.

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Jenifer B. Cistola and John C. and Ellen T. Odegaard appeal from the trial court’s judgment ordering the rescission of a quitclaim deed executed by Tom W. Daniel, Jr. in connection with a tract of land in Hall County. Daniel, the named plaintiff in this case,1 sought rescission of the deed on the ground of fraud and misrepresentation. We affirm. On April 30, 1974, Daniel’s father conveyed a tract of land in Hall County to the Odegaards by warranty deed. On September 4, 1980, Daniel’s father conveyed an adjacent tract of land to Leslie W. Buie and Kathryn D. Ekleberry. This tract was subsequently conveyed to Robert K. and Sally L. Woo by warranty deed dated December 17, 1981.

At issue in this lawsuit is the ownership of an approximately 40-foot strip of land that lies between the property originally deeded to the Odegaards and the property eventually deeded to the Woos. This disputed tract was not included in the description of the land conveyed by Daniel’s father to Buie and Ekleberry, which they subsequently sold to the Woos. Nor was the tract included in the numerical metes and bounds description of the property conveyed by Daniel’s father to the Odegaards. In fact, the metes and bounds description in the Odegaards’ deed describes a landlocked parcel This anomaly apparently went unnoticed by anyone, including Hall County, until 1999 when the Odegaards decided to sell their land.2

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