92 Year Old Veteran Awarded 49 Acres of Land by Court Reversal of Deed
September 5th, 2019 by
Wiley Ballow is shown being congratulated by friends and fellow veterans, after Wednesday’s victory in Circuit Court.
The case of a local 92 year old veteran, Wiley Ballow, against Jack Bennett is taking place in Arkansas City, Wednesday.
Ballow accuses Bennett of coming to Jefferson Regional Medical Center, in Dec. 2017, and convincing Ballow to deed over 49 acres of property to Bennett.
The particular purpose of the trial was filed as a “petition to set aside warranty deed.”
Attention to the situation began on the Easter Good Friday of 2018, as a school teacher was attempting a project to assist Ballow in getting a new trailer to live in, and found that the land was not in his name, as have he believed.
Judge Quincy Ross specifically referred to testimony up to JRMC rehab employees as a large part of how he reached his decision favoring Ballow.
Meagan Capps, a JRMC speech therapist described Ballow’s communication and understanding issues.
Nikki Thornton, a JRMC social worker gave lot of background information on his condition. She also described JRMC’s policy for allowing a employee who was a notary public to notarize a document for a patient. For this to be done Dr. Jacqueline Sue Frigon, the rehab director must be present or approve.
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At 11:30, defendant Wiley Ballow took the stand, telling how he bought the land, while serving in the Marines.
He was asked about his December 2017 car wreck, then told about his relationship with Jack and Cindy Bennett.
Attorney Hani Hashem asked Ballow about things the Bennett’s had done for him, like cooking several meals and mowing his yard a few times.
“Did you want to sign over your property over to Jack Bennett?”
“No. Never,”
Other comments made by a Ballow included,
“I’m not sure I signed anything.
“I never saw this before.”
“I don’t remember signing this”
“It looks like my signature, but I don’t these.”
When asked, “Do you believe this is your signature?” Ballow answered “Yes.”
Could this be what Jack Bennett brought to the hospital?
“I don’t know. I didn’t have my jewelers loop, and couldn’t read it.”
“It (the land) has value, and it has a lot of timber on it.”
I want my land to go to who I want it to go to.
“Who would that be?”- Hashem.
“Certainly not Jack Bennett.”-Ballow.
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When called to testify, Jack Bennett told the court that the first deed was prepared because Mr. Ballow told him to do so. The Dec. 31 revision was to correct land description.
Prior to that discussion, Bennett didn’t know what Ballow’s intentions for his property were.
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More information on the content of the one day trial will be posted later this morning.
KATV’s Jason Pederson, Ballow’s attorney Hani Hashem & Bennett’s lawyer Brooks Gill, after Thursday’s hearing at the Drew Co. Courthouse.
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