Walter L. Medlin - Page 109

                                       - 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...)           




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