Civil Action No. The court now comes to consider defendants', Billy Dill, Annette Dill, Army Roy Dill, Melanie Dill and Willa Dean Dill, motion to dismiss and their alternative motion for judgment on the pleadings. Plaintiffs claim that one or more of the signatures on said deed of trust existed by virtue of fraud, mistake or from a material misrepresentation, thereby, rendering the Deed of Trust void and unenforceable. Plaintiffs have responded to both motions and defendant Mary Lou Guin has adopted their responses as her own. The court agrees.
Defendants also move for judgment on the pleadings.
They argue that a charge of fraud, mistake or misrepresentation in the execution of the subject deed of trust is barred by the applicable statute of limitations. Miss. Code Ann. Plaintiffs claim that the statute of limitations has not run on their claim because forgery has no statute of limitation. They claim that the deed of trust should be declared void, thereby, removing the cloud from their property. The subject deed of trust was executed and recorded in the public land records in the office of the Chancery Clerk of Itawamba County, Mississippi, on April 6, 1981.