Jackson v. Smith
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Cite as 2010 Ark. App. 681
ARKANSAS COURT OF APPEALS
DIVISION IV
No. CA09-1374
Opinion Delivered
October 20, 2010
DARLA JACKSON
APPELLANT
V.
TANYA SMITH, f/k/a TANYA
GONZALES, et al.,
APPELLEES
APPEAL FROM THE CARROLL
COUNTY CIRCUIT COURT,
WESTERN DISTRICT
[NO. CIV 2008-48]
HONORABLE GERALD K. CROW,
JUDGE
AFFIRMED IN PART; REVERSED
AND REMANDED IN PART
LARRY D. VAUGHT, Chief Judge
Appellant Darla Jackson lived and worked at the Turpentine Creek Wildlife Refuge
in Carroll County from the late 1990s until mid-July 2005. She was married to Robert
Jackson, who died in September 2002. His mother is appellee Hilda Jackson. Appellee Tanya
Smith, f/k/a Tanya Gonzales, is Robert’s sister. Tanya Smith owns legal title to the property
on which the refuge is operated. On February 3, 2001, Tanya Smith, as president of
Turpentine Creek Foundation, Inc., and Dr. Charles Bosch, as its chairman of the board,
signed a “Revocable Life Estate” deed to an interest in 463.584 acres in Carroll County to
appellant. It stated:
THAT Turpentine Creek Wildlife Refuge, an Arkansas Corporation,
Cite as 2010 Ark. App. 681
GRANTOR, by its, President and Chairman of the Board, duly authorized so to act
by proper resolution of its Board of Directors, for and in consideration of the sum of
Ten Dollars ($10) and other valuable consideration to Turpentine Creek Wildlife
Refuge, Grantor, paid by Darla Jackson, GRANTEE, the receipt of which is hereby
acknowledged, do hereby grant, bargain, sell and convey to Darla Jackson a revocable
undivided life estate to be held as tenants in common for his [sic] natural life, with said
property vesting in the grantor, Turpentine Creek Foundation, holding the remainder
interest in fee simple absolute. This life estate is revocable and the grantor has the right
of entry should any of the following conditions subsequent occur:
1. Grantee causes any damage or harm, whether willful or negligent, to any animals,
cotenants, guests, or property of Turpentine Creek Foundation.
2. Grantee attempts to alienate, convey, or mortgage his/her life estate.
3. Grantee interferes with the Foundation’s Directors or Board Members.
4. Grantee interferes with or jeopardizes the Foundation’s mission or non-profit status.
5. Grantee fails to obtain approval from the grantor for any building or construction
Upon the death and/or termination of the grantee, the life estate with the following
legal description reverts to the grantor:
...
Grantor COVENANTS that it is lawfully seized of said lands and premises and
that it will forever warrant and defend the title to said lands against all claims.
The deed was recorded on May 22, 2001.
On April 10, 2008, appellant sued Tanya Smith; Tanya’s husband, Scott Smith; Hilda
Jackson; Turpentine Creek Foundation, Inc.; and Turpentine Creek Wildlife Refuge, Inc.,
in the Carroll County Circuit Court for conversion, breach of title, defamation, slander of
title, and declaratory judgment regarding her interest in the property. Appellant asserted that
she had been constructively evicted from the property when Scott Smith and other agents and
employees of Turpentine Creek cut the electricity to her home. She also stated that, in the
fall of 2007, Hilda Jackson had asked her to sign a quit-claim deed relinquishing her life estate
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in the property; through her attorney, appellant offered to sign the deed for $175,000.
According to appellant’s complaint, Tanya Smith, president, and Dave Schoonover, chairman
of the board of the wildlife refuge, filed a “Termination of Life Estate” document in the
circuit clerk’s office on November 14, 2007. This document stated that the refuge revoked
and forever terminated appellant’s life estate because:
WHEREAS, Darla Jackson has willfully caused bodily harm to co-tenants
residing upon the subject property or with the right and privilege to so reside; and
WHEREAS, Darla Jackson has willfully abused employees of the Turpentine
Creek Wildlife Refuge, both physically and verbally and in such a manner and at such
times as to impair the purpose and mission of the refuge; and
WHEREAS, Darla Jackson has misappropriated monitory funds [sic] and goods
of the refuge and attempted, through fraud and deceit to prevent the discovery of her
misappropriation.
In her claims for declaratory judgment regarding her life estate and breach of
covenant of title, appellant asked for compensatory damages (including rents and profits);
punitive damages; and injunctive relief. Appellant also asserted that appellees’ actions had
constituted slander of title. In her claim for conversion, she stated that, while living on the
property, she was a licensed minister and performed weddings; in conjunction with those
services, she and her husband had erected a wedding chapel on the property. Appellant
alleged that, after her constructive eviction from the property, Turpentine Creek had sold
the chapel for $5,000 to Ray Tressler. Appellant asked for damages that she had sustained
as a result of the conversion of “her wedding chapel” and the loss of revenue that she would
sustain in the future from not being allowed to operate “her wedding business” on the
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property.
Appellees filed a motion to dismiss for failure to state a cause of action on May 1,
2008. In response, appellant filed a copy of an “Irrevocable Life Estate” from Tanya
Gonzales to her parents, Donald and Hilda Jackson. The court held a hearing on the
motion, which it denied.
On May 11, 2009, appellant filed a second amended complaint against Tanya Smith;
Scott Smith; Hilda Jackson; Don Jackson; Charles Bosch; Jena Foster and Joan Everett,
personal representatives of the Estate of Elizabeth Ann Freeman; Turpentine Creek
Foundation, Inc.; Turpentine Creek Wildlife Refuge, Inc.; and Arvest Bank.1 Appellant
alleged that appellees Tanya Smith, Hilda Jackson, Don Jackson, and Scott Smith held life
estates in the property. Appellant included causes of action for declaratory judgment as to
her life estate; profits and rentals; breach of covenants of title and quiet enjoyment; and
slander of title. Appellant also included a claim for declaratory judgment that, in the event
that the property was actually owned by Tanya Smith at the time of the deed granting
appellant her life estate, the court should find that the deed passed to appellant a life estate
in any interest owned or claimed individually by Tanya Smith, as well as any interest held
by the Turpentine Creek entities. Appellant also included a claim for fraud/constructive
1
According to the complaint, Arvest Bank and the Estate of Elizabeth Ann Freeman
held mortgages on the property. Because there is no indication in the record that Don
Jackson, Bosch, Foster, Everett, or Arvest Bank were served with process, there is no finality
problem for purposes of appeal. See Ark. R. Civ. P. 54(b)(5).
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fraud, stating that, at the time of the delivery of her deed, Tanya Smith, Charles Bosch, and
Turpentine Creek made false representations to her that Turpentine Creek owned the
property and that it was free of other claims or encumbrances. She alleged that they knew
those representations were false, or made them without sufficient evidence upon which to
make them, with the intention to induce her to rely upon said representations, which she
did, suffering damages. Appellant asked the court to impose a constructive trust on the
property and any traceable proceeds from its rents, profits, and earnings, on the basis of
unjust enrichment. She also included a claim for conversion of “her wedding chapel.” To
her complaint, appellant attached copies of revocable life-estate deeds from the wildlife
refuge to Tanya Smith, Scott Smith, and Hilda Jackson.
Appellees filed a motion for partial summary judgment on August 4, 2009. They
asserted that appellant’s claims for breach of warranties of title and quiet enjoyment, fraud,
and declaratory judgment should be dismissed because of the statute of limitations. They
further argued that her causes of action for slander of title and conversion should fail because
they were based on an invalid claim of title. In their accompanying brief, appellees pointed
out that, in her second amended complaint, appellant had acknowledged that, at the time
of the deed to appellant, Turpentine Creek did not have title to the property; actual title had
been held by Tanya Smith since April 1, 1994. Appellees attached a copy of that recorded
deed. They stated that, at the time of the conveyance to appellant, Turpentine Creek had
possessed only the interest of a tenant in the property, as revealed by a lease filed on
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December 5, 1996. They argued that, because the grantor did not have title to the property
at the time of the conveyance, any claim for breach of warranty of title or quiet enjoyment
would have been ripe upon delivery of the deed to the appellant, on or before May 22,
2001; therefore, the statute of limitations provided in Arkansas Code Annotated section 1656-115 ran on May 22, 2006. Appellees argued that, because appellant was already living
on the property before 2001, the statute of limitations began to run before she was
constructively evicted. They also pointed out that, in her deposition, she had acknowledged
that she had never received any rents or profits. They argued that there had been no
concealment that would permit a tolling of the statute of limitations. They further alleged
that the three-year statute of limitations for fraud set forth in Arkansas Code Annotated
section 16-56-105 ran on May 22, 2004, because appellant’s only allegations of fraud were
related to the deed. Appellees also stated that appellant’s causes of action for slander of title
and for the imposition of a constructive trust on the rents and profits should be dismissed
because they were based on her claim of title.
In response, appellant argued that the statute of limitations did not apply to the claim
for breach of warranties of title and quiet enjoyment. She stated that her cause of action
began to accrue on the date that appellees attempted to revoke her life estate on November
14, 2007; at the very earliest, the statute of limitations would have commenced when Scott
Smith and other employees of Turpentine Creek constructively evicted her in July 2005.
In support of her response, appellant attached copies of exhibits to her June 22, 2009
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deposition, including a form that Robert Jackson had filed with the IDA Program
Economic Opportunity Agency of Washington County for building the wedding chapel,
and an invoice from Town and Country Gazebo Sales dated May 25, 2002. She also filed
further correspondence with the EOA of Washington County, Inc., related to the purchase
of the wedding chapel that indicated that appellant had personally paid $666.67 for the
materials.
The court entered summary judgment for appellees on October 2, 2009, stating:
The documents presented to the court as exhibits to the complaint indicate
that Tanya Gonzalez, a/k/a, Tanya Smith received title to the property in 1994 by
Trustee’s Deed from Frank R. Chauvin, Trustee of the Joyce Davis Harvey
Revocable Trust. Ms. Gonzalez leased the land to the Turpentine Creek Wildlife
Foundation, Inc. in 1996. Nothing in the lease to Turpentine Creek Wildlife
Foundation, Inc. grants the tenant any power to alienate the interests of the title
holder. Tanya Gonzalez, a/k/a Tanya Smith then executed a series of “Revocable
Life Estates” on behalf of the Turpentine Creek Wildlife Refuge in 2001. These
“Revocable Life Estates” were made to Darla Jackson, Tanya Smith, Scott Smith and
Hilda Jackson. An “Irrevocable Life Estate” was granted to Donald R. and Hilda P.
Jackson by Tanya Gonzalez individually and as President of the Turpentine Creek
Foundation at some point in time but no date is contained on the conveyance and
there is nothing to indicate that the conveyance was made in accordance with the
required corporate acknowledgment. On November 14, 2005 ARVEST Bank was
granted a mortgage on the same property which had been the subject of all the
previous conveyances. In sum, Tanya Gonzalez, a/k/a Tanya Smith retained title to
the property while executing documents of conveyance in the name of the
Turpentine Creek Foundation which was merely the leasee of the property. The
conveyances of any interest in the property were void where they purported to be
in the name of Turpentine Creek Wildlife Refuge or Turpentine Creek Wildlife
Foundation.
The court finds that all conveyances by Turpentine Creek Wildlife Refuge
or Turpentine Creek Wildlife Foundation are void and the document titled
“Revocable Life Estate” on which the plaintiff relies is void. It is elementary that
land not owned by the grantor cannot pass by his deed. An exception to this rule of
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law is after acquired property, but there is nothing in the record to indicate that the
Turpentine Creek Wildlife Refuge held valid title to the property at any time or that
the Turpentine Creek Wildlife Refuge ever received title to the property after
executing the “Revocable Life Estate” to the plaintiff and others.
The court further notes that the plaintiff seeks damages, but that such a
remedy is not available where the deed is void and has no legal effect. The case at bar
is distinguished from the deed or conveyance which is voidable. If a deed is void it
may be attacked at any time by any party prejudiced by it, and the court may
proceed as if it did not exist without any formal pleadings for its invalidation. On the
other hand, if the deed or conveyance is merely voidable by reason of mistake or
deception, cancellation may be denied. As stated in Somes v. Brewer, 19 Mass. 184:
“Whateaver [sic] may be avoided may in good sense be called void, and this
use of the term “void” is not uncommon in the language of statutes and of courts;
but in regard to the consequences to third persons the distinction is highly important
because nothing can be founded on a deed which is absolutely void, whereas from
those which are only voidable fair titles may flow.”
The court further finds that any cause of action pertaining to the void
conveyance arose at the time of the delivery of the deed and that the applicable
statute of limitations is five years under A.C.A. 16-56-115 and that the date of the
filing of the document is presumptively the date of delivery which was May 22,
2001. The plaintiff’s claim is therefore barred by the statute.
Appellant then filed a timely notice of appeal.
Summary judgment may be granted by a trial court only when it is clear that there
are no genuine issues of material fact to be litigated and the party is entitled to judgment as
a matter of law. Bisbee v. Decatur State Bank, 2010 Ark. App. 459, __ S.W.3d __. The
moving party is entitled to summary judgment if the pleadings, depositions, answers to
interrogatories, and admissions on file, together with affidavits, if any, show that there is no
genuine issue of material fact and that the moving party is entitled to judgment as a matter
of law. Id. When the movant makes a prima facie showing of entitlement, the respondent
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must meet proof with proof by showing genuine issues as to a material fact. Id. When there
are genuine questions of material fact with regard to a party’s intent, summary judgment is
improper. Id. On appeal, we need only decide if summary judgment was appropriate based
on whether the evidentiary items presented by the moving party in support of the motion
left a material question of fact unanswered. Id. In making this decision, we view the
evidence in a light most favorable to the party against whom the motion was filed, resolving
all doubts and inferences against the moving party. Id.
Appellant first argues that the trial court erred in granting summary judgment on her
claim for conversion, which was subject to a three-year statute of limitations, Arkansas
Code Annotated section 16-56-105 (Repl. 2005).2 She bases this claim on Turpentine
Creek’s sale of the wedding chapel to Ray Tressler for $5000 on July 21, 2005, after which,
Tressler removed the chapel from the property. Appellant points out that, with the help
of a triple-matching government grant, she and her husband purchased the materials for the
chapel. She presented documentary evidence that the chapel cost $4395; of that amount,
appellant paid $666. Conversion is a common-law tort action for the wrongful possession
or disposition of another’s property. Carpenter v. Layne, 2010 Ark. App. 364, __ S.W.3d __.
One commits the tort of conversion when he wrongfully commits a distinct act of
2
For the first time, appellant argues in her reply brief that, because appellees did not
raise the affirmative defense of the statute of limitations in their answer, the trial court should
not have considered it. We do not consider issues argued for the first time in a reply brief.
Larco, Inc. v. Strebeck, 2010 Ark. App. 263, ___ S.W.3d. ___.
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dominion over the property of another which is inconsistent with the owner’s rights. Id.
To be sufficient, the complaint must state that the plaintiff had a property interest in the
subject goods and that the defendant wrongfully converted them. Brown v. Blake, 86 Ark.
App. 107, 161 S.W.3d 298 (2004). The property interest may be shown by possession or
a present right to possession when a defendant cannot show a better right. Id.
Regardless of who held legal title to the land, appellant’s claim for conversion should
have been tried. Appellant alleged unjust enrichment and testified in her deposition about
the years of labor she provided to the refuge as well as the money she invested in “her”
chapel. We therefore reverse on this point.
Appellant next asserts that the trial court erred in granting summary judgment on
her claims for declaratory judgment regarding her life estate and for breach of the covenants
of title and quiet enjoyment. She argues that, when the wildlife refuge, by its president and
chairman of the board, gave her a deed to a revocable life estate containing the words
“grant, bargain and sell,” they promised to defend her title. According to Arkansas Code
Annotated section 18-12-102(b) (Repl. 2003), the words “grant, bargain and sell” in a deed
create a covenant or warranty that the grantor is seized of an indefeasible estate in fee
simple. It states:
The words “grant, bargain and sell” shall be an express covenant to the
grantee, his or her heirs, and assigns that the grantor is seized of an indefeasible estate
in fee simple, free from encumbrance done or suffered from the grantor, except
rents or services that may be expressly reserved by the deed, as also for the quiet
enjoyment thereof against the grantor, his or her heirs, and assigns from the claim
and demand of all other persons whatever, unless limited by express words in the
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deed.
Ark. Code Ann. § 18-12-102(b).
Appellant further asserts that the doctrine of estoppel by deed should apply here.
Estoppel by deed prohibits one party to a deed and his privies from asserting, as against the
other party and his privies, any right or title in derogation of the deed, or from denying the
truth of any material facts asserted. Acuff v. Bumgarner, 2009 Ark. App. 854, ___ S.W.3d
___. Under this doctrine, a grantor is estopped to assert anything in derogation of his deed;
thus, a specific recital in a deed, to the effect that the grantor has title to or that he is in
possession of the land conveyed, will estop him from asserting the contrary as against the
grantee. Id.
Appellees respond that, because the foundation was not the owner of the property,
it could not convey a life estate to appellant. That may be true; nevertheless, Tanya Smith
and Turpentine Creek clearly made warranties to appellant and should be required to
honor them or establish why they need not do so. We therefore reverse the award of
summary judgment on appellant’s claims for declaratory judgment regarding her life estate,
breach of warranty, and estoppel by deed.
Appellant also argues that the five-year statute of limitations for breach of warranty
of title, Arkansas Code Annotated section 16-56-115 (Repl. 2005), did not begin to run
until she was constructively evicted from the property in July 2005, at the earliest. It is well
established that the mere existence of superior title, whether or not the grantee has notice
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of its existence, is insufficient to constitute breach of a warranty. Riddle v. Udouj, 371 Ark.
452, 267 S.W.3d 586 (2007). Rather, a cause of action for breach of a warranty accrues and
the statute of limitations begins to run only when the grantee is evicted or constructively
evicted from the conveyed property. Id. Eviction occurs when a person is dispossessed by
process of law. Id. Constructive eviction, on the other hand, occurs when a purchaser is
unable to obtain possession because of a paramount outstanding title. The case law is clear
that notice of a claim is not the standard for commencing the running of the statute of
limitations in a breach-of-warranty action. Id. Where, however, there is a visible, physical
encroachment on the complainant’s land, a constructive eviction may occur long before
a court finds that title is held by a third party, and the statute of limitations begins to run
immediately upon conveyance. Id.
Appellees argue that appellant was prevented from possessing the entire 463-acre
tract because the refuge was being operated there; Tanya and Scott Smith and Hilda
Jackson lived there; and appellant was aware that she was not receiving rents and profits.
Thus, they assert, she was constructively evicted in 2001 and the statute of limitations ran
in 2006. We disagree. Regardless of whether appellant had possession of the full acreage,
she did live there until her electricity was cut off in 2005, which is when the statute of
limitations began to run. Accordingly, we reverse on this point.
Appellant contends that the three-year statute of limitations for fraud did not begin
to run until November 2007, when appellees filed the termination-of-life-estate document.
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Appellant asserts that, at least until November 2007, the wildlife refuge continued to
represent to appellant and others that it owned the property before it gave the revocable
life estate to appellant in May 2001, thereby committing fraudulent concealment sufficient
to toll the statute of limitations. We disagree.
The elements of fraud are (1) a false representation of a material fact; (2) knowledge
that the representation is false or that there is insufficient evidence upon which to make the
representation; (3) intent to induce action or inaction in reliance upon the representation;
(4) justifiable reliance on the representation; and (5) damage suffered as a result of the
reliance. Gorman v. Gilliam, 2010 Ark. App. 118, ___ S.W.3d ___. Constructive fraud has
been defined as a breach of a legal or equitable duty, which, irrespective of the moral guilt
of the fraud feasor, the law declares to be fraudulent because of its tendency to deceive
others. Id. Absent concealment, the statute of limitations begins to run upon the occurrence
of the wrong, and not when it is discovered. Rice v. Ragsdale, 104 Ark. App. 364, 292
S.W.3d 856 (2009). This rule applies even when there is an interval between the allegedly
tortious act and the damage suffered by the plaintiff. Id. The “occurrence rule” has
remained the law since 1877, even though the supreme court has been invited to change
it on numerous occasions. Id. When a defendant has engaged in affirmative acts of
concealment, the statute of limitations begins to run at the time the cause of action is
discovered or should have been discovered by reasonable diligence. Technology Partners, Inc.
v. Regions Bank, 97 Ark. App. 229, 245 S.W.3d 687 (2006). Mere ignorance on the part of
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the plaintiff of his rights or the mere silence of one who is under no obligation to speak will
not toll the statute. Id. There must be some positive act of fraud, something so furtively
planned and secretly executed as to keep the plaintiff’s cause of action concealed, or
perpetrated in a way that it conceals itself. Id. Failure to speak is the equivalent of fraudulent
concealment only in circumstances when a duty to speak arises, such as those involving a
confidential relationship, and where one party knows another is relying on misinformation
to his detriment. Gorman v. Gilliam, supra.
Appellees contend that appellant’s fraud claim is time-barred because the only
fraudulent representations alleged by appellant occurred in 2001 when she received her
deed. Appellees also assert that appellant raised the “ongoing fraudulent concealment”
allegation for the first time on appeal, and it is, therefore, not preserved for appellate
review, see Exigence, LLC v. Baylark, 2010 Ark. 306, ___ S.W.3d ___; in any event, the
statute of limitations ran in 2004, so whatever they misrepresented in 2007 was of no effect.
We agree with appellees and affirm on this issue.
Appellant next asserts that the trial court erred in granting summary judgment on
her claim that, because Tanya Smith personally owned the property when she signed the
deed to appellant on behalf of Turpentine Creek, the deed conveyed a life estate in any
interest owned by Tanya Smith, through the application of the doctrine of estoppel by
deed. We agree. Appellant cites 28 Am. Jur. 2d Estoppel and Waiver § 12 (2000), which
supports her argument:
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Generally, a person who, acting in a representative capacity, executes a
conveyance of land, without reservations, which purports to convey the entire
property or the fee in the property, or which represents that the title is in another,
is estopped to claim in his individual capacity an interest in the property. Thus,
agents, corporate officers, guardians, trustees, and executors and administrators have
been held to be estopped by execution of conveyances in the foregoing
representative capacities to assert any individual interest in property.
The rule, that persons in a representative capacity are estopped to assert an
individual interest in the property is especially applicable where the conveyance
executed in such representative capacity contains covenants of warranty, is a sale and
conveyance of the entire estate, or where it appears that full value was received for
the property, including the personal interest of the party executing the conveyance.
It has been pointed out, however, that in order to create an estoppel against a
person conveying land in a representative capacity, it is not necessary that the deed
contain covenants.
Some authorities have taken the view that a person who executes a transfer
of land in a representative or fiduciary capacity is not estopped to claim an interest
in the property in his individual right.
Appellees argue that this claim is also time-barred for the same reasons that
appellant’s breach-of-covenants claim is barred. We disagree. The statute of limitations
began to run in July 2005, and this claim is viable for the same reasons expressed above.
Appellant further argues that the circuit court erred in granting summary judgment
on her request for a constructive trust. We agree. A constructive trust is a remedial rather
than a substantive institution. Betts v. Betts, 326 Ark. 544, 932 S.W.2d 336 (1996). Such
trusts arise whenever it appears from the facts that the beneficial interest should not go with
the legal title. Id. A constructive trust is an implied trust that arises by operation of law
when equity demands. Tripp v. Miller, 82 Ark. App. 236, 105 S.W.3d 804 (2003). Such a
trust may be imposed where a person holding title to property is subject to an equitable
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duty to convey it to another on the ground that he would be unjustly enriched if he were
permitted to retain it. Acuff v. Bumgarner, 2009 Ark. App. 854, ___ S.W. 3d ___. The duty
to convey the property may arise because it was acquired through fraud, duress, undue
influence or mistake, breach of a fiduciary duty, or wrongful disposition of another’s
property. Id. The remedy of constructive trust is available, therefore, if appellant prevails
on any of her causes of action remanded for trial.
Appellant also alleges that the trial court erred as a matter of law in holding that the
doctrine of after-acquired title did not apply to this action. The common law doctrine of
after-acquired title, which is codified at Arkansas Code Annotated section 18-12-601
(Repl. 2003), becomes relevant when a person conveys a deed to lands he does not yet
own but later acquires. Acuff v. Bumgarner, supra. The trial court correctly ruled that it had
no application here because there was no evidence that the wildlife refuge ever received
legal title to the property.
Appellant argues that the trial court erred in granting summary judgment on her
claim for slander of title. Slander of title is an action based on malicious publication of a
false matter that disparages the title to property. Fleming v. Cox Law Firm, 363 Ark. 17, 210
S.W.3d 866 (2005). We affirm this issue because appellant produced no evidence of malice,
which is an essential element of a cause of action for slander of title. Bright v. Gass, 38 Ark.
App. 71, 831 S.W.2d 149 (1992).
Accordingly, we reverse as to appellant’s claims for conversion, declaratory
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judgment, breach of warranty, estoppel by deed, and imposition of a constructive trust and
remand for trial. The trial court’s summary judgment order on the issues of
fraud/constructive fraud and slander of title is affirmed.
Affirmed in part; reversed and remanded in part.
G LOVER and BAKER, JJ., agree.
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