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Quiet Title Law
Dana Eldon Baker v. Marlin Michael Sabinash

[¶1] Marlin and Tanya Sabinash appealed from a corrected judgment quieting title to real property located in Stutsman County to Dana Baker. Because the district court erred as a matter of law in determining the county tax lien was superior to the interest held by the State through a Bank of North Dakota mortgage on the property, we reverse and remand for entry of judgment quieting title to the pr... More...   $0 (06-11-2015 - ND)

George W. Clay v. Mountain Valley Mineral Limited Partnership

[¶1] Appellants George and Dana Clay, et. al (hereinafter referred to collectively as
“the Clays”) assert the district court erred by declaring Appellee Mountain Valley
Mineral Limited Partnership (Mountain Valley) owned title to mineral interests in certain
Converse County, Wyoming property. The district court granted summary judgment in
favor of Mountain Valley, concluding a... More...
   $0 (06-11-2015 - WY)

Thomas F. Merry v. Northwest Trustee Services, Inc. and Nationstar Mortgage, LLC

Thomas Merry appeals the dismissal of a declaratory judgment action in which he sought to establish the priority of his deed oftrust on a residential property after a trustee, claiming to act on behalf of Nationstar Mortgage, LLC, commenced nonjudicial foreclosure. Relying on Rain v. Metropolitan Mortgage Group, 175 Wn.2d 83, 93, 285 P.3d 34 (2012), Mr. Merry contends that Nationstar had no enforc... More...   $0 (06-04-2015 - WA)

Francis Williams Montenegro and Lynda Williams v. Wells Fargo Bank, N.A., successor by merger to Wells Fargo Bank, Minnesota, N.A., as Trustee f/k/a Norwest Bank Minnesota, N.A., as Trustee for the Structured Asset Securities Corporation Amortizing Residential Collateral Trust Mortgage Pass-Through et al

Francis Williams Montenegro and Lynda Williams appeal a trial-court summary
judgment in a forcible-detainer suit awarding Wells Fargo Bank, N.A. possession of real property
(the Property) in Travis County. In several issues, appellants contend that they were denied due
process, that the county court did not have jurisdiction, that limitations barred the suit, and that
Wells Fargo w... More...
   $0 (06-03-2015 - F)

Nunamta Aulukestal v. State of Alaska

Challenged in this case are land and water use permits allowing intensive
mineral exploration on State land. The main question we address is whether the
Department of Natural Resources (DNR) had to give public notice before issuing the
permits. Because the Alaska Constitution requires public notice when interests in land
are transferred, the answer to this question depends on wheth... More...
   $0 (05-29-2015 - AK)

Vernon L. Crownover v. Garland Keel

¶0 Appellant landowner neglected to pay taxes on certain real property in McIntosh County, Oklahoma. The property was sold at a tax sale and a tax deed was issued to the buyer. The landowner filed suit seeking to invalidate the tax deed and quiet title in himself, asserting that the sale and resultant deed were void because he was not given constitutionally sufficient notice of the sale... More...
   $0 (05-26-2015 - OK)

Alan Benefiel v. Jewl Boulton and Christina Benefiel

¶0 Plaintiff Benefiel brought suit against Defendant Boulton to quiet title and to foreclose a judgment lien granted in connection with a divorce decree entered in a prior case. The subject real property was sold to Boulton subject to the pre-existing judgment lien. Plaintiff claimed a reversionary provision in his divorce decree vested him with title to the subject real property follow... More...
   $0 (05-12-2015 - OK)

Alan Benifiel v. Jewel Boulton

¶1 Alan Benefiel ("Plaintiff") and Christa Benefiel were divorced by a consent decree entered on May 13, 2005. Consistent with the terms of the parties' divorce decree, Plaintiff executed a quit claim deed, transferring title in the former marital residence to Christa Benefiel. In exchange for relinquishing his ownership interest in the property, the decree required Christa Benefiel to pay Plaint... More...   $0 (05-12-2015 - OK)

Frank Cafferkey v. City and County of San Francisco

The San Francisco Assessor-Recorder’s Office (Assessor-Recorder) assesses
taxable property within the county and records legal documents. (Gov. Code, § 27231;
Rev. & Tax. Code, § 401.)1
The Assessor-Recorder maintains two different sets of maps
in its office: (1) assessor’s maps or block book maps, which are used to locate and
identify property for tax assessment purpose... More...
   $0 (05-08-2015 - CA)

Frank Cafferkey v. City and County of San Francisco

The San Francisco Assessor-Recorder’s Office (Assessor-Recorder) assesses taxable property within the county and records legal documents. (Gov. Code, § 27231; Rev. & Tax. Code, § 401.)1 The Assessor-Recorder maintains two different sets of maps in its office: (1) assessor’s maps or block book maps, which are used to locate and identify property for tax assessment purposes (assessor’s maps)... More...   $0 (05-08-2015 - CA)

Ben Young v. Crescent Management, LLC, Mike Rogers and Justin Tarrant

Logan County, OK - Ben Young sued Crescent Management, LLC, Mike Rogers and Justin Tarrant on fraud theories claiming:

Defendant, Crescent Management LLC is, and all times herein mentioned is a business entity of unknown form,
doing business in Logan County, Oklahoma,
2. Defendant, Mike Roger, Owner of Crescent Management LLC
3. Defendant, Justin Tarrant, managing member, of C... More...
   $0 (04-20-2015 - OK)

Drake Kennedy v. Brian Kennedy

Defendants, Brian Kennedy and, as to Skyline Outdoor Media LLC only, David Seyde, appeal from a May 13, 2014 order in favor of plaintiff, Drake Kennedy.1 The May 13, 2014 order denied defendants’ motion to stay dissolution of a number of corporations and limited liability companies and appoint appraisers to permit a buyout to occur. (Corp. Code,2 §§ 2000, 17707.03.) Defendants contend the tria... More...   $0 (04-20-2015 - CA)

Ronald Fletcher v. Nancy Campbell

Stillwell, OK - Ronald Fletcher and Gwenlyn L. Fletcher, Trustees of the Roandl L. Fletcher and Gwenlyn L. Fletcher Revocable Trust dated June 23, 2008 sued Nancy Campbell, now Coon, Lucy Campbell and Jack Nofire, if livings, and their respective spouses, if any, if living, and in the alternative, their respective unknown successors, if deceased, etc. on a quiet title theories claiming:

C... More...
   $0 (04-14-2015 - OK)

Earnest Taylor, as lawful power of attorney for Frankie Taylor v. Jeff Langham and Brenda Langham

This is an appeal of a summary judgment. Appellant, Earnest Taylor “as lawful power of attorney for Frankie Taylor”1 argues the trial court erred in
1Earnest Taylor alleged in his Original Petition that he was acting as “lawful power of attorney for Frankie Taylor.” He later described his status in subsequent pleadings as “Earnest Taylor Frankie Taylor in all capacities [d]escribed i... More...
   $0 (04-02-2015 - TX)

Morris Jones v. Polly Neal

Stilwell, OK - Morris Jones and Martha Jones a/k/a Martha K. Jones a/k/a Martha Kaye Jones, husband and wife, sued Polly Neal, FB Cherokee Indian Roll No. 5930, the forgoing if living, and if deceased her unknown heirs, executors, administrators, devisees and assigns on a quiet title theory claiming:

1. That the Plaintiff, Morris Jones and Martha Jones a/k/a Martha K. Jones a/k/a Martha K... More...
   $0 (04-01-2015 - OK)

F. Wood Boyce v. T.D. Service Company

"There are no free houses." These are the words of the bankruptcy judge who allowed the instant home foreclosure to go forward. It rejected appellant's theory of "wrongful foreclosure." Thereafter, the same theory was rejected in an unlawful detainer proceeding. Undeterred, appellant F. Wood Boyce sued his lender for "wrongful foreclosure" because the $1.155 million deed of trust was placed in a m... More...   $0 (03-23-2015 - CA)

Arbor Windsor Court, LTD v. Weekley Homes, LP

Appellant, Arbor Windsor Court, Ltd. (Arbor), appeals the trial court’s judgment following a jury verdict. Specifically, in two main issues, Arbor contends the trial court erred in rendering a take-nothing judgment on its breach of contract claims against Weekley Homes, LP (Weekley). Weekley also asserts two conditional cross-points in support of the trial court’s judgment. We affirm.
I. B... More...
   $0 (03-17-2015 - TX)

C & M Exploration, LLC v. C. Mark Crawford, BDI, LLC, Calvin R. Hullum, aka Calvin Hullum, Bengalia Land & Cattle Company and Ring Energy, Inc.

Tulsa, OK C & M Exploration, LLC sued C. Mark Crawford, BDI, LLC, Calvin R. Hullum, aka Calvin Hullum, Bengalia Land & Cattle Company and Ring Energy, Inc. seeking specific performance of a contract claiming:

1. CM is an Oklahoma Limited Liability Company doing business in Tulsa County, State
of Oklahoma.
2. Crawford is an individual doing business in Tulsa County, State of Oklaho... More...
   $0 (03-05-2015 - ok)

Adair Holdings, LLC v. Rogert P. Escher, Mary J. Escher and Persons in Possession

Roger and Mary Escher appeal from the district court’s ruling in an action to quiet title, initiated by Adair Holdings, L.L.C. The Eschers maintain the affidavit of service was defective and invalidated the tax deed. They also maintain the district court abused its discretion by allowing the plaintiff to amend the pleadings at the commencement of trial. Finally, they contend they are entitled to... More...   $0 (02-11-2015 - IA)

Mary Virginia McMahon v. David Rousselow, Pamela S. Rousselow a/k/a Pamela S. Rousselow, et al.

Mary McMahon appeals the denial of her petition to establish a boundary
by acquiescence between adjoining properties. Adjoining property owners,
David and Pamela Rousselow contend the trial court was correct in denying
McMahon’s petition and in granting their counterclaim to quiet title in the disputed
“[T]he party seeking to establish a boundary line other than the b... More...
   $0 (02-11-2015 - IA)

Bhika Ram v. Onewest Bank, FSB

Bhika Ram and his spouse, Asharfun Nisha Hafiz, purchased a home subject to a deed of trust in 2005. After they defaulted on their home loan, nonjudicial foreclosure proceedings were initiated, and the beneficiary of the deed of trust, OneWest Bank, FSB (OneWest), purchased the property at the foreclosure sale. Ram and Hafiz filed this action against OneWest and other entities, alleging that the s... More...   $0 (02-06-2015 - CA)

The Jim & Maryann Plane Family Trust, Dated July 23, 2012 v. Jason & Janae Skinnger

This is an appeal from the decision of the district court for Bear Lake County denying a motion to void a portion of a stipulated judgment. We affirm.
This case concerns three small, adjacent parcels of land in Bear Lake County which line up in a north to south direction and are bordered by State Highway 89 on the west and Bear Lake on the east. In 1998... More...
   $0 (01-23-2015 - ID)

Robert Runn v. Terry L. Riely and Petra E. Riely

Terry and Petra Riely (the Rielys) appeal the trial court' s judgment awarding
damages to Robert Gunn for timber trespass on Gunn' s property. The Rielys argue that the trial
court erred when it (1) applied RCW 4.24.630, the waste statute, instead ofRCW 64. 12. 030, the
timber trespass statute; (2) did not consider the Rielys' affirmative defense that Oasis Well Drilling
Oasis) was... More...
   $0 (01-21-2015 - WA)

Armstrong DLO Properties, LLC v. Todd A. Furniss and Heather E. Furniss

Appellant Armstrong DLO Properties, LLC (“ADLO”) appeals the trial court’s order granting summary judgment that ADLO take nothing in favor of appellees Todd A. Furniss and Heather E. Furniss (“the Furnisses”). The order also awarded the Furnisses $40,670 in attorney’s fees against ADLO. The controversy brought before us is respecting title to a portion of a continuous strip of real pro... More...   $0 (01-21-2015 - TX)

Belle Terre Ranch, Inc. v. Kenneth C. Wilson

This case involves a boundary dispute between a Healdsburg vineyard and the
winery operators on the adjacent property. After a bench trial, the court ruled in favor of
the vineyard, quieting title in its favor and granting permanent injunctive relief against
further trespass by the vintners. The court also awarded $1 in nominal damages for past
trespass, and upon that basis awarded... More...
   $0 (01-13-2015 - CA)

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