Oral arg. – Miss.S.Ct. – April 8, 2015

At 1:30 on Wednesday, April 8, 2015, the Miss.S.Ct. will hear the case of Perry and Lori Elchos v. Kevin and Lisa Haas.

In 2001, Haas purchased 55 acres on the Jourdan River in Hancock County planning to divide the property into individual lots.  He sold one such lot to the Elchos in 2004.  After the Echols built their house, Haas contended that Echols built it in the wrong location.  Litigation ensued.  The chancellor ordered the house removed and ordered that the Echols pay attorneys fees to the Haas’s.  The Echols appealed.  After the initial briefs were filed, the Miss. S.Ct ordered additional briefing on a number of issues including whether the record establishes beyond a reasonable doubt the existence of a mutual mistake such that the chancellor can reform the deed; if mutual mistake were found, does the chancellor have the authority to reform the deed;  what evidence was there about the estimated cost of moving the Echols house; etc.

Elchos brief

Haas brief

Echols rebuttal brief

Order setting forth issues for additional briefing

Echols supp brief

Haas supp brief

Watch the argument here. 

This one is being heard en banc.  Justice Kitchens notes in the beginning that the Echols have moved their home. (Justice Kitchens asks whether that would have any effect on the appeal).

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