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Wrather devised 72 acres in his will to his daughter, Reba LaFont and her bodily heirs in fee simple. The probate court distributed the property as per the will. During probate, the executor and LaFont borrowed money from Farmers Bank, mortgaging the 72 acres and other property. Upon default, Farmers foreclosed in 1988. The executor and LaFont got notice of the Trustee's sale, but the bodily heirs did not. Kimes purchased the land at the foreclosure in 1988 and then conveyed the 72 acres to a family trust. LaFont died in 1993. The children of LaFont and some of her grandchildren contested the foreclosure sale.

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