produced and i argued to the drug court there's nothing in here you can't give a tract of land that sits you know larger tract of land without identifying the court apparently didn't think it needed a survey and said well there's been testimony there's been i asked for rehearing i asked to extend the record the proof was that there had been false testimony that there was no survey and that there was nothing even close to what had been testified to meet let me go back and start with with the survey itself there had been repeated allegations or testimony in the trial court by richard sheen and roger both those gentlemen had sued barbara whining previously this is round three of a long standing family feud and they had claimed that she had basically tortious interfered with their inheritance and the case eventually was dismissed is both of those lawsuits that were filed after this gift was allegedly made of this property remember one of them claimed he exclusion for example christie does this lawsuit said all of the land that julie sheen had given birth to one needs to be returned however it's clear that the property that dug in said she was gifted sat on the property and she never tried to carve out anything out of that first lawsuit the same for richard robert she clearly doesn't this property that she was claiming was on the land that richard roberts sheens said while we were deprived of all of this we want money judgment but they never excluded any of the land that supposedly christie todd was promised by the sheen brothers environment of a transfer from her mother to bar in return for getting this house from barbara wyman in fact if you if you look at the briefs she testified well you know there was never any understanding about what i had to do in order to earn possible she was asked well if you give your grandmother a day if you're in the house well yeah i think so but that was never discussed there was no agreement as to what she would need to do in order basically to run this house with respect to the house itself it's clear that this sits on on a track by one hundred forty two acres the discussion about when i would actually get title there was no discussion about when she would get a deed and in fact after the grandmother d there was no request when she did this house was always in barbul one's name and if indeed christie dutton was to be compensated for taking care of juli you know you're not living here for free and that's that's how this got prompted them gotten me to claim first in the form of matter and then actually filed a claim saying oh no i'm entitled of this property was entitled to if he were that she was the property so it comes up in the partition action i guess procedurally so this moves into the second home at the request of the family that she takes care of the grandmother well she was taking care of the grandmother in the house the barber owned that was right across the simply move from one place to another is our view of the whole situation she got one house for free she moved to another out free yes she was taken here to the  had gotten a survey and how the survey showed one point nine million acres because they had gone out and worked with the survey and robert sheen testified that he got the survey from the surveyor five days before the rehearing that i asked for on the court's ruling oral a summary of healers if you look at the breeze the survey is dated a year after it was cleaned to in existence there's nothing approximate two acres so what what can you or you have to pick one of the two tracks the brockport didn't even do that it just says whoa we're getting there was shown on the survey there's there's two in the survey each is fifty percent off of what what benton swore that she was in tunnels and what the what was promised so we come down to this how can the truck or not or crockery at all with two pieces on it and then refuses to you know she just opinion well no one awarding now so again we've never worked with a record from it was that there was a year your later survey that shows two tracks neither of which match three last years of her run on the fly when she took care of her grandmother she stood up for her grandmother mr rock's rule of the record is other than w testimony by that was me in april two thousand and eight two in yourself or mother or grandmother grandmother's house they were seated at the kitchen table i'm looking for her she was page thirty nine conversation said barbara no longer felt like she could take care of her mother julie shayne with christina willing to move in the form of take care of the grandmother in exchange for take care of the grandmother upon the grandmother's death the house with belonged to the doctor moved out of the house is there on take care grandmother for the rest of grandmother's life this is specifically in the record during the shameless prison at that time kristy asked for the garage to since she'd never had a garage and would like to have one so it was the home place and the show to the garage and some land that was the specific deal if you move in and take your ground and that's what she did and bob and richard helped or they fixed it up they put the ramps in they made the changes and she took care of her grandmother until her grandmother died and the mother litigation that  no compulsory counterclaims there's no inconsistency no worth risk you the first time she was suits who writes this properly when she's named as a defendant in the partition suit and then she says for the specifics of the other the testimony of first off richard sure he testified to seeing a surveyor on the property in mid two thousand and eight at about the time of the agreement inquired about the consistent with the testimony of through the four people that there was an agreement that christie followed through with the and and and that we know what she should get  you know the royals who were looking after this you know in the end it was the purpose was to give her a reasonable amount but not over amount because the others would be divid you just want to be clear here about the brothers and christy turlington and guile there is no question that the court asked whether or not in that first lawsuit whether it doesn't vary resemblance to the quota head to say well i'm just assuming this smaller one acre tract which is half what everybody testified to is the one she gets as opposed to  were going to divide off what was called the home place while well there was at one point in time button was asked do you want to move up there and take your grandmother and she never did and that's when the discussion occurred i think it was either three or four years later or four years earlier than this but there was no survey that was over done because the didn't agree to move out there with  deal has to be clear for the oral convenience of real estate here and i would ask the court would back and look at the brother's testimony about all of this that was done how it was one point nine nine acres when they got down you matched that to what shows up a year later you know and that's why i think the testimonies is is so important because they made a big deal out of it's this  me out there i don't know how is the trial did you stay with the other side says there is no survey how he decides what i'm going toward one point nine i need to show in this survey that i would never see which turns out it wasn't an existence when