Discovery continues in property dispute suit

David Yates Jul. 8, 2013, 9:56am

Discovery is still ongoing in a suit brought by the only daughter of a deceased Beaumont man claiming his former wife has wrongly conveyed her father’s property to her son. 

As previously reported, Amy Murdock claims her dad, Gary W. Johns, owned a home on Fairfield Lane in Beaumont. Upon Gary Johns’s death, he left Murdock a 50 percent undivided interest in the property and Shirley E. Johns the remaining interest in the property, according to the complaint filed May 15, 2012, in Jefferson County District Court.

A year later, court records show a certificate of discovery was filed April 16, 2012, showing that Murdock served defendant Jack Parham with her request for admissions and for production.

Even though she owns only 50 percent of the property, Shirley Johns deeded 100 percent of the property to her son, defendant Jack Parham, the suit states.

“Despite several letters being sent to defendants in addition to phone conversations with defendants, defendants have failed and refused and continue to fail and refuse to rescind the deed and correct the transfer of ownership percentage,” the complaint says.

Since then, Shirley Johns has moved to a nursing home and is no longer living at the property, Murdock claims.

Murdock is seeking a declaratory judgment that Shirley Johns’s deed to her son be rescinded and that he be given only a 50 percent undivided interest in the property. She also seeks a declaration that the property be sold, plus an award of costs, attorney’s fees and other relief the court deems just.

Tommy Gunn of The Law Office of Tommy Gunn in Orange represents her.

The case is assigned to Judge Gary Sanderson, 60th District Court.

Case No. B192-450

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