Draughon v. Johnson (Opinion)Annotate this Case
In this quiet title action, the Supreme Court reversed the summary judgment in favor of Defendant, holding that Defendant did not conclusively negate unsound-mind tolling pleaded as an exception to limitations.
Plaintiff, a person who alleged a mental incapacity, sought to prevent Defendant, his aunt, from evicting him from property he had inherited, arguing that a deed to Defendant that he had signed years earlier was void due to his lack of capacity. Defendant moved for traditional summary judgment based on the statute of limitations. In response, Plaintiff invoked the unsound-mind tolling statute. The trial court granted summary judgment for Defendant. The court of appeals affirmed. The Supreme Court reversed, holding (1) because Defendant moved for traditional summary judgment on limitations and Plaintiff raised the unsound-mind tolling statute, Defendant had the burden to conclusively negate Plaintiff's assertion of mental capacity; (2) because Defendant offered no evidence regarding Plaintiff's soundness of mind, she failed to carry her burden; and (3) therefore, the court of appeals erred in affirming the trial court's order granting Defendant summary judgment.