Quiet Title Law

http://www.morelaw.com/cases/quiet_title.asp

H. Bruce Cox and Sue Ann Cox v. The Eighth Judicial Distinct Court of the State of
Nevada, etc., et al.

This original proceeding stems from an appeal in a case concerning a complaint for
partition or sale of certain Clark County real property. In that case, this court reversed
the district court’s judgment transferring the property from petitioners to real parties
in interest through a judicial sale and remanded the matter to the district court for
further proceedings. When petitioners took step... More... $0 (10-03-2008 - NV)

Robert L. Alderson, et al. v. Leo E. Fatlan, et al.

The plaintiffs, Robert and Wanda Alderson, filed an action in the circuit court of Will
County in which they sought a declaration that they have surface rights to a water-
filled quarry that is used for recreational purposes. Plaintiffs contended they are
entitled to the reasonable use and enjoyment of the entire surface waters because they
own a portion of the quarry bed. The circuit court granted... More... $0 (09-18-2008 - IL)

David Pesnell v. Jeffrey Arsenault, et al.

This case involves an action brought by Pesnell in California for claims of federal
constitutional violations and for claims of violations of the federal and state civil
Racketeer Influenced and Corrupt Organizations Act (“RICO”). The principal issue in
this case is whether these claims against employees of the government are barred by a
judgment in an action brought by Pesnell in Arizona agai... More... $0 (09-16-2008 - CA)

Landmark National Bank v. Boyd A. Kesler

Landmark National Bank brought a suit to foreclose its mortgage against Boyd Kesler
and joined Millennia Mortgage Corp. as a defendant because a second mortgage had
been filed of record for a loan between Kesler and Millennia. In a foreclosure suit, it is
normal practice to name as defendants all parties who may claim a lien against the
property. When neither Kesler nor Millennia responded to the ... More... $0 (09-12-2008
- KS)
Adaven Management, Inc. v. Mountain Falls Acquisition Corporation and
Commercial Federal Corporation d/b/a Commercial Federal Bank

In this appeal, we consider whether water rights may be transferred separately from
the property to which they are appurtenant without prior severance under NRS
533.040. We also consider whether the anti-speculation doctrine adopted by this court
in Bacher v. State Engineer[2] limits the ability to acquire a security or ownership
interest in a water right separately from the land to which the rig... More... $0 (09-11-
2008 - NV)

Consol Pennsylvania Coal Company v. The Farmers National Bank of Claysville and
Jon Holbert Carter and Patricia W. Carter

¶ 1 This is an appeal from the Judgment entered in favor of Consol Pennsylvania Coal
Company (Consol) and against Jon Holbert Carter and Patricia W. Carter, his wife
(the Carters), in a quiet title action, wherein Consol was awarded fee simple title to
the coal rights to a tract of land to which the Carters own the surface estate. For the
reasons that follow, we reverse and remand for proceedings... More... $0 (09-10-2008 -
PA)

Gaetano Zanelli v. Thomas McGrath

Gaetano Zanelli (Zanelli), the owner of property commonly known as 66 Clarendon

Avenue, appeals from a judgment quieting title to an adjacent property owned by
Thomas McGrath (McGrath) commonly known as 60 Clarendon Avenue. After a
court trial, the court found that Zanelli has no enforceable view easement burdening
McGrath’s property, either because the easement was extinguished by merger, or wa...
More... $0 (09-02-2008 - CA)

Elsie Schroeder, et al. v. Harold Duenke, Jr., et al.

On or about August 22, 1980, Appellants and other plaintiffs(FN1) (together, the
"Sellers") conveyed title to the Property, a five-acre parcel of land at 593 Duenke
Road, Foristell, St. Charles County, Missouri, to Harold and Eleanor Duenke by
general warranty deeds. The Property was carved out of and contiguous with land
retained by Sellers. On or about August 30, 1980, Harold and Eleanor Duenke ...
More... $0 (08-24-2008 - MO)

Marvin E. Tripp and Donna Tripp De Schepper, a/k/a Donna De Schepper v. F&K
Assam Family, LLC; et al.
[¶1.] Two landowners dispute title on two parcels of land, a 100-foot strip and a 33-
foot strip. One landowner claims title based on two deeds and the other through
adverse possession and reversionary interests. After several motions and cross
motions for summary judgment, the circuit court quieted title to both parcels in favor
of the deed holder. We affirm in part, reverse in part, and remand.<... More... $0 (08-
14-2008 - SD)

Fern E. Firestone, et al. v. American Premier Underwriters, Inc., (formerly know as

Penn Central Corporation; and U.S. Railroad Vest, Corp.

Appellants-Plaintiffs Wayne E. Boyd and Bunker Farms, LLC, by Dean V. Kruse

(collectively “Bunker Farms”) appeal a judgment enjoining them from pursuing a
quiet title action and ordering DeKalb County officials to issue title of real estate to
American Premier Underwriters, Inc. (“APU”), formerly known as Penn Central
Corporation.1 We affirm.

ISSUE

Bunker Farms raises one... More... $0 (08-13-2008 - IN)

Angela H. Schlichting v. Nicholas Cotter, et al.

The defendants, Nicholas Cotter, Marjorie Cotter and Sound Federal Savings,1 appeal
from the judgment of the trial court determining that the plaintiff, Angela H.
Schlichting, had gained title to a portion of the Cotters’ real property through adverse
possession and granting a permanent injunction in favor of the plaintiff. The
defendants claim that the court improperly (1) determined that the p... More... $0 (08-
04-2008 - CT)

Nottingham Manor Owners Association, et al. v. El Paso Electric Company

Appellants, Nottingham Manor Owners Association (the "Association"), Virginia

White, and Other Owners of Residential Property in the Nottingham Manor
Townhomes, appeal the trial court's denial of its motion for judgment notwithstanding
the verdict. Appellants also challenge the factual sufficiency of the jury's verdict. We
affirm the judgment of the trial court.

I. BACKGROUND

In ... More... $0 (07-26-2008 - TX)

Ronald Lenn and Kathleen Lenn v. Dennis Bottem and Julia Bottem

Plaintiffs initiated this action to obtain title to a strip of defendants' land by way of
adverse possession or boundary by agreement. The trial court rejected their claims and
ruled for defendants. Defendants then sought an award of attorney fees under ORS
20.105(1) and an enhanced prevailing party fee under ORS 20.190(3), arguing that
there was no objectively reasonable basis for either of plain... More... $0 (07-24-2008 -
OR)

Barbara J. Lasen and Pual S. Lasen v. Samuel L. Anderson, Deceased; Tricia L.

Rohloff; and Lee C. Anderson

Robert Anderson was the father of Barbara (Anderson) Lasen and Samuel L.
Anderson. Samuel predeceased his father, dying in April of 1998. Robert passed away
in February of 2003 after living most of his adult life in Scottsbluff, Nebraska.

[¶5] Prior to both men passing, Robert executed a deed in 1995 conveying a farm in
Goshen County, Wyoming, to his children, Barbara and Samuel.1 This dee...
More... $0 (07-21-2008 - WY)

Marie Minichino v. Linda Minuit

This is an appeal from an action quieting title to three single-family residential

properties.

The defendant, Linda Minuit, appeals from the judgment rendered in favor of the
plaintiff, her sister, Marie Minichino, finding that the plaintiff, in her capacity as
trustee, is the owner of and holds title to the real property at issue in the present case.1
On appeal, the defendant contends that... More... $0 (07-15-2008 - CT)

Scott Ockey and Catherine Condas v. John Lehmer, Iron Mountain Alliance, Inc., et
al.

1 This case arises from an intrafamilial struggle over the division of profits from the
development of a 2700-acre ranch situated between the Park City Mountain Resort
and The Canyons Resort in Summit County. Beginning in 1976, the ranch was held in
various trusts established by members of the Condas family.

Scott Ockey ("Ockey"), one of the beneficiaries of the trusts, alleges that h...
More... $0 (06-24-2008 - UT)
Jill Farwell, et al. v. Sunset Mesa Property Owners Association, Inc.

The four appellants in this case brought an action against respondent Sunset Mesa
Property Owners Association, Inc. (Association), and a number of homeowners in the
Sunset Mesa development. The trial court sustained a demurrer to the fourth amended
complaint with leave to amend, finding that the individual directors of the Association
could not serve as representatives of the defendant class o... More... $0 (06-19-2008 - CA)

Mark Steven Pestal and Kimberly Ann Pestal v. John J. Malone, Sr., et al.

This equity action involves a dispute among neighbors over four parcels of property.
The disputed parcels are either part of or adjacent to a common driveway serving
three lots, 6, 7, and 8, in the Hilltop of Oak Hills Highlands subdivision in Douglas
County, Nebraska. The owners of lot 8, Mark Steven Pestal and Kimberly Ann Pestal,
appellees, brought this action in the district court for Do... More... $0 (06-19-2008 - NE)

Williston Basin Interstate Pipeline Company v. An Exclusive Gas Storage Leasehold

and Easement in the Cloverly Subterranean Geological Formation, etc.

Williston Basin Interstate Pipeline Company (Williston) claims that it has lost and is
continuing to lose natural gas stored in its Elk Basin Storage Reservoir due to the
operation of gas production wells owned by Howell Petroleum Corporation and
Anadarko Petroleum Corporation (Howell/ Anadarko). Two of those wells are located
within the lateral boundaries of Williston's storage reservoir, b... More... $0 (05-10-2008
- MT)

Sonya Capri Bangerter v. Ralph Petty, et al.

1 Defendants Ralph Petty, Jarmaccc Properties, LLC, and Jarmaccc, Inc. (collectively
Jarmaccc) appeal the trial court's grant of summary judgment in favor of Plaintiff
Sonya Capri Bangerter. Specifically, Jarmaccc argues that the trial court erred in
determining that a sheriff's sale of Ms. Bangerter's house (the Property) is void
because the sheriff's sale included an incorrect legal descri... More... $0 (05-01-2008 - UT)

Sampson Thompson, Jr. v. Sam A. Winkelmann, Jr.

Appellants Sampson Thompson, Jr., Earline Thompson, and Gordon Ray Johnson
(collectively "the Thompsons"), appeal from the trial court's judgment declaring that a
right of ingress and egress to Island Cemetery exists over real property that the
Thompsons do not own, but in which they have an interest. The Thompsons filed suit
against appellees, Sam A. Winkelmann, Jr., inividually and as Trustee of... More... $0
(04-03-2008 - TX)

Samuel C. Johnson 1988 Trust, et al. b. Bayfield County, Wisconsin

At issue in this lawsuit are Bayfield County's ("the County") ongoing efforts to
convert unused railway lines in the County into snowmobile trails. As the legal basis
for its plans, the County alleges that the United States retains a reversionary interest in
these railroad right-of-ways and that Congress has established that, pursuant to this
reversionary interest, if the railway lines are ... More... $0 (04-02-2008 - WI)

Tom Johnson v. Stanley C. Radle

[1.] The owners of Lot 696, Palisades Stone Placer, Lawrence County, South Dakota
began subdividing their property in 1979. After each subdivision, the owners filed and
recorded a plat with the Register of Deeds. On the first plat, the owners created Tract
D, which was burdened by one easement. In three subsequent plats that created new
tracts, the owners established additional easements burdening... More... $0 (03-23-2008 -
SD)

John R. Dobson v. Mortgage Electronic Registration Systems, Inc.

Defendant, First National Bank of Arizona (FNBA), appeals from the amended
judgment of the trial court denying FNBA's motion to set aside a November 6, 2006
default judgment and awarding plaintiffs, John and Samatherith T. Dobson, damages
in the amount of $600,000 in their wrongful foreclosure suit against FNBA. FNBA
challenges the denial of its motion to set aside the default judgment. We reverse...
More... $0 (03-18-2008 - MO)

Frank Myers v. David Yingling and Venice Yingling

We first considered this case last year in order to decide a jurisdictional issue. See
Myers v. Yingling, 369 Ark. 87, ___ S.W.3d ___ (2007) (Myers I). Pursuant to Ark.
Sup. Ct. R. 1- 2(a)(7), the case is now back before us for a consideration of the merits
of the appeal. On May 6, 2004, appellees David and Venice Yingling filed suit against
appellant Frank Myers, alleging that Myers had block... More... $0 (03-06-2008 - AR)