Mize v. Westbrook Construction Company of Oxford, LLC
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This case stemmed from a property-line dispute between neighboring landowners in Lafayette County. Jerry Mize filed suit to confirm title to property described in a recorded corrected warranty deed. Defendants Westbrook Construction Company of Oxford, LLC, Jimmy A. Lewis, Jr., Kay W. Lewis, and Jimmie Waller, answered the complaint, counterclaimed to quiet and confirm their titles, and
sought damages for slander of their respective titles. The chancellor found for Defendants and awarded damages and attorneys’ fees on their slander-of-title claims. The Court of Appeals affirmed. In his petition for certiorari, Mize raised several issues; the Supreme Court's review of this case was limited to whether there was sufficient evidence to support a slander-of-title action. No evidence of record supported a finding that all of the elements of a slander-of-title action were met. Consequently, the Supreme Court reversed the judgment against Mize for slander of title and the award of damages to Defendants as well as the judgment of the Court of Appeals affirming it. The Court affirmed the Chancery Court in all other respects, and remanded this case for further proceedings.
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