Claim to Invalidate Deed Governed by 10-Year Statute of Limitations

Cathedral of Faith Baptist Church, Inc., et al. v. Moulton, et al., [Ms. SC-2022-0447, Sep. 23, 2022] __ So. 3d __ (Ala. 2022). The Court (Sellers, J.; Parker, C.J., and Bolin, Wise, and Stewart, JJ., concur) reverses the Jefferson Circuit Court’s 12(b)(6) dismissal on statute of limitations grounds of a claim seeking to invalidate a deed as a fraudulent conveyance.

The Court holds “the 10-year limitations period in § 6-2-33(2) [, Ala. Code 1975] applies to actions seeking to set aside a deed as a fraudulent conveyance. See Ammons v. Ammons, 253 Ala. 82, 86, 42 So. 2d 776, 779 (1949) (noting that ‘a bill to set aside a deed to land for fraud, where the land is in the possession of the grantee, is a suit to recover land and is controlled by the ten year statute’). In this case, the warranty deed was dated January 1, 2012; thus, the complaint, filed in June 2019, seeking a judgment declaring the warranty deed invalid, was timely because it was filed within the 10-year limitations period set forth in § 6-2-33(2).” Ms. *10.

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