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Quiet Title Law
 
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
land.
“[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.
I. FACTUAL AND PROCEDURAL BACKGROUND
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)

Harry W. Chornuk v. Craig Nelson

[¶1] Craig and Julie Nelson appeal from a judgment quieting title in certain real property in Harry and Linda Chornuk and awarding the Chornuks damages for conversion, and from an amended judgment modifying the damage award. The Nelsons argue the district court erroneously found they did not purchase the property in good faith and erred in quieting title of the property in favor of the Chornuks. ... More...   $0 (12-22-2014 - ND)

Helen Lin v. Mireya B. Coronado

Plaintiff Helen Lin (Lin) appeals from a judgment entered on an order sustaining a demurrer without leave to amend in favor of defendant Mireya B. Coronado (Coronado). In her operative first amended complaint, Lin alleges she “pooled” her $150,000 with $100,000 provided by River Forest Financial LLC (River Forest) and Elevation Investments LLC (Elevation) “in partnership for the purchase” ... More...   $0 (12-18-2014 - CA)

Joyce Flannery v. VW Credit, Inc.

Plaintiff and appellant Joyce Flannery filed a complaint which alleges that by virtue of defendant and respondent VW Credit, Inc.'s (VW) failure to comply with provisions of California's Vehicle Leasing Act (VLA) (Civ. Code, § 2985.7 et seq.), VW
2
violated California's Fair Debt Collection Practices Act (Civ. Code, § 1788 et seq.) (the Rosenthal Act) and California's Unfair Competition ... More...
   $0 (12-17-2014 - CA)

Renee Feresi v. The Livery, LLC

The Commercial Code1 provides that "a financing statement must be filed to perfect all security interests . . . ." (§ 9310, subd. (a).) It further provides, "A perfected security interest . . . has priority over a conflicting unperfected security interest . . . ." (§ 9322, subd. (a)(2).) Although the code reflects the Legislature's intention to create a simplified, clear and uniform means of pri... More...   $0 (12-15-2014 - CA)

Bennie Deweese v. Ocwen Loan Servicing L.L.C. and Mortgage Electronic Registration Systems, Inc. (MERS) as Nominee for Federal Home Loan Mortgage

Bennie Deweese appeals the trial court’s rendition of summary judgment in favor of Ocwen Loan Servicing L.L.C. and Mortgage Electronic Registration Systems, Inc. as nominee for Federal Home Loan Mortgage (MERS). After
2
Ocwen foreclosed on Deweese’s home, Deweese sued to quiet title, for tortious interference with contract, statutory fraud, and for a declaratory judgment that the forec... More...
   $0 (12-11-2014 - TX)

Helen Lin v. Mireya B. Coronado

Plaintiff Helen Lin (Lin) appeals from a judgment entered on an order sustaining a demurrer without leave to amend in favor of defendant Mireya B. Coronado (Coronado). In her operative first amended complaint, Lin alleges she “pooled” her $150,000 with $100,000 provided by River Forest Financial LLC (River Forest) and Elevation Investments LLC (Elevation) “in partnership for the purchase” ... More...   $0 (11-17-2014 - CA)

Deseret First Federal Credit Union v. Jerry W. Parkin

¶1 George K. Fadel appeals from three district court orders. First, he contends the district court erred in denying his motions to intervene in litigation between Jerry W. Parkin, as successor trustee for the Wilma G. Parkin Family Protection Trust (the Trust), and Deseret First Federal Credit Union (Deseret First). Second, he challenges the court’s decision to strike his corresponding complain... More...   $0 (11-14-2014 - UT)

Melissa Ford Bierwirth v. AH4R I TX, LLC

Melissa Ford Bierwirth appeals the county court’s final judgment granting AH4R I TX, LLC, possession of a residential property in Katy, Texas, after a bench trial. We affirm.
2
Background
In 2005, Bierwirth, then known as Melissa Ford, executed a promissory note and deed of trust granting Fieldstone Mortgage Company a security interest in a property located in Katy, Texas. The deed o... More...
   $0 (10-30-2014 - TX)

Joseph Lehmann v. Cocoanut Bayou Association

Joseph Lehmann and his wife, Therese Lehmann, own beachfront
property on the Gulf of Mexico in Sarasota County. Cocoanut Bayou Association (CBA)
owns the parcel of beachfront property adjoining the Lehmanns' property on the north.
- 2 -
This appeal involves a dispute over the location of the property line dividing their
respective parcels.
The facts regarding the parties' c... More...
   $0 (10-29-2014 - FL)

David A. Aschliman v. Rodney Hettinger

David Aschliman appeals a judgment decree and order adverse to him and in favor of Rodney Hettinger in this real estate dispute. We affirm the judgment of the district court.
I.
The record reflects the following facts. Aschliman was an officer and manager of Farmers Implement, Inc., a Wisconsin business involved in the sale, rent, and service of farm equipment. Hettinger was a farmer in Cl... More...
   $0 (10-15-2014 - IA)

Luke Aaron Frazier and Connie C. Frazier v. Richard Goszczynski

Luke Frazier and his mother, Connie Frazier, took real property owned by Richard
Goszczynski without his consent. The scheme the Fraziers contrived to acquire the
property is based on a twisted and distorted view of the law of adverse possession under
color of title. After the Fraziers took possession of the property, the trial court ousted
them by entering a judgment quieting titl... More...
   $0 (10-10-2014 - FL)

Edward R. Lane v. Central Alabama Community College

In Lane v. Cent. Ala. Cmty. Coll., 523 Fed. Appx. 709 (11th Cir. 2013) (per curiam), we affirmed the district court’s grant of summary judgment in favor of Steve Franks, former president of Central Alabama Community College (“CACC”), in Lane’s 42 U.S.C. § 1983 civil action alleging retaliation in violation of the First Amendment. We concluded -- based on existing Eleventh Circuit preceden... More...   $0 (10-08-2014 - AL)

Edward R. Lane v. Central Alabama Community College

In Lane v. Cent. Ala. Cmty. Coll., 523 Fed. Appx. 709 (11th Cir. 2013) (per curiam), we affirmed the district court’s grant of summary judgment in favor of Steve Franks, former president of Central Alabama Community College (“CACC”), in Lane’s 42 U.S.C. § 1983 civil action alleging retaliation in violation of the First Amendment. We concluded -- based on existing Eleventh Circuit preceden... More...   $0 (10-08-2014 - AL)

Crystal Monique Lightfoot v. Cendant Mortgage Corporation

Plaintiffs Beverly Ann Hollis-Arrington and Crystal
Monique Lightfoot appeal the district court’s judgment
dismissing their claims against the Federal National Mortgage
Association (“Fannie Mae”). They argue that the district
court lacked subject matter jurisdiction over their claims. We
disagree. Under the rule announced in American National
Red Cross v. S.G., 505 U.... More...
   $0 (10-02-2014 - CA)

Bank of America, N.A. v. Unknown Successors of Sarah Jane Lewis

¶1 Bank of America, N.A. (Bank), appeals the judgment of the district court that Bank's mortgage did not include a strip of land claimed by Padgett Development Company, LLC (PDC). Bank also appeals the court's fee award to PDC as a prevailing party in Bank's foreclosure action. We affirm the decisions of the district court.

BACKGROUND

¶2 The relevant facts begin in July 1976, w... More...
   $0 (09-23-2014 - OK)

Jim H. Panter, et al. v. Walter J. Smith, et al.

Stilwell, Adair County, Oklahoma - Jim H. Panter, et al. sued Walter J. Smith, et al. on a quiet title theory alleging:

Comes now the Plaintiffs and for their cause of action against the above-named Defendants, alleges and states:
1. That the Plaintiffs, JIM H. PANTER AND SUE N. PANTER, as Independent CoTrustees of the Panter Family Revocable Trust dated the 1 6th day of October 2002,... More...
   $0 (09-18-2014 - OK)

The People v. Kenneth Mark Doolittle

Defendant Kenneth Mark Doolittle was sentenced to 13 years in prison after the trial court, sitting without a jury, found him guilty on three counts of theft by false pretenses (Pen. Code, § 532, subd. (a)), six counts of theft from an elder or dependent adult (Pen. Code, § 368, subd. (d)), nine counts of false statements or omissions in the sale of securities (Corp. Code, §§ 25401, 25540, sub... More...   $0 (09-08-2014 - CA)

Helen Butts Tipps v. Chinn Exploration Company and Cherokee Royalty Syndicate

The appearance of settled mineral ownership—which had surrounded three neighboring tracts of oil-and-gas-producing land in Gregg County since the late 1800s or early 1900s—was shattered beginning in late 2008 when three different lawsuits arose involving eight parties, one consolidation, multiple partial summary judgments, and two trials. One group of the parties generalized it well: “This c... More...   $0 (09-05-2014 - TX)

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