Missouri Court of Appeals, Southern District / Jun 16, 2025
CANDACE HARRELL KYLE, CANDACE HARRELL KYLE, Personal Representative of the Estate of GEORGE L. HARRELL, Plaintiff-Respondent v CAROLYN FOWLER, Individually, as Personal Representative of the Estate of VERNON RAY FOWLER, and as Trustee Of the Joint Revocable Living Trust Indenture of Vernon Ray Fowler and Carolyn A. Fowler dated June 21, 2011, Defendant-Appellant
Candace Harrell Kyle sued Carolyn Fowler over a one-half interest in a 75.55-acre property, seeking cancellation of a deed, a constructive trust, and damages for breach of an oral contract. The trial court granted relief to Kyle on these claims. On appeal, the Southern District of Missouri vacated the trial court's judgment, holding that the claim for cancellation of the deed was time-barred by the 10-year statute of limitations and that the alleged oral contract for an interest in land was unenforceable under the statute of frauds. The case was remanded for further proceedings.