- 34 -
You know, it’s a long time. But I think it was in
the early stages, but I can’t, you know, I--my memory
is not that good.
Q Did it occur before the date of this warranty
deed, which is May of 1985?
A I certainly thought it would have.
Ms. Allen testified that petitioner and Mr. Schoolfield were
partners with respect to the High Plains Property and that they
had split up at some point in time. She could not testify as to
when specifically they split up.
The evidence of record shows that at one point, Mr.
Schoolfield and petitioner held joint interests in the High
Plains Property, which may or may not have included Lot 23.
Neither petitioner’s, Mr. Schoolfield’s, nor Ms. Allen’s
testimony establishes that Mr. Schoolfield still possessed his
joint interest at the time of the sale of Lot 23 in 1985, or, for
that matter, whether he ever possessed any interest in Lot 23.
The testimony suggests that it was just as likely, if not more
probable, that Mr. Schoolfield and petitioner split up the
various tracts amongst themselves before 1985, that petitioner
was left as the sole owner of Lot 23, and that petitioner
proceeded to sell that lot in 1985 and collect the sales proceeds
therefrom.24
24On recross-examination by petitioner’s counsel, Mr.
Schoolfield testified:
Q Ultimately at some point in time, these various 5-
(continued...)
Page: Previous 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 NextLast modified: May 25, 2011