Gregory v. HardgroveAnnotate this Case
The Supreme Court reversed the decision of the court of appeals affirming the judgment of the trial court dismissing Plaintiff’s claim against the heirs of the Decedent seeking to enforce a judgment lien against real property owned by the Decedent at his death, holding that Plaintiff’s tort claim, which accrued prior to the date of death, made Plaintiff a creditor of the Decedent and his Estate.
Plaintiff filed a tort action against the Decedent, who subsequently died, and judgment was entered for Plaintiff. Plaintiff then filed a judgment lien against the Estate’s property. In a separate action, Bank filed a foreclosure action seeking to enforce its mortgages against the Decedent’s real property. Plaintiff sought to intervene in the foreclosure action. The trial court concluded that Plaintiff failed to state a claim because at the time of death, the Decedent’s real property immediately passed to his heirs at law, subject only to the claims of creditors, and that Plaintiff’s tort claim did not qualify him as a creditor. The Supreme Court reversed, holding that Plaintiff became a creditor of the Decedent when the tort occurred, and the fact that the claim was reduced to judgment and a judgment lien filed postmortem had no impact on Plaintiff’s status as a creditor of the estate.