1 In this case, a landlord, IHC Health Services, Inc. ("IHC"), seeks to eject its tenant, D & K Management ("D & K"), for breach of its lease (the "Lease") because of a late rental payment. The district court granted summary judgment in favor of IHC and awarded attorney fees to IHC pursuant to a provision in the Lease. D & K appeals, asserting that the district court erred when it (1) held t... More...   $0 (06-20-2008 - UT)

This title dispute concerns property originally owned by Frankie Lord O'Kelley, who died on April 4, 1998. Plaintiff, Chiquita Holland, is Ms. O'Kelley's daughter; defendants, Thomas Lord, Jr., and Thomas Lord, III, are Ms. O'Kelley's son and grandson. Plaintiff claims title to the property under a deed dated June 28, 1995 and filed April 3, 1998 – the afternoon before Ms. O'Kelley died.... More...   $0 (01-08-2008 - GA)

Weyerhaeuser is the record owner of 300 acres known as Sherrill Farm in McCurtain County, Oklahoma. This appeal arises from Weyerhaeuser's suit to remove Carl Brantley and his livestock from Sherrill Farm. As an affirmative defense to Weyerhaeuser's suit, Brantley sought ownership of Sherrill Farm through adverse possession or, in the alternative, a prescriptive grazing easement on the e... More...   $0 (12-31-2007 - OK)

This appeal arises out of a contract between the City of San Antonio and Polanco & Company, L.L.C., by which Polanco agreed to provide food concession services at several City-owned golf courses. After a dispute arose regarding the City's termination of the contract, Polanco sued the City. The City claimed immunity from suit and filed a plea to the jurisdiction seeking dismissal of Polanco's s... More...   $0 (11-05-2007 - TX)

In this appeal, we consider whether, in an NRS 40.253(6) summary eviction proceeding, appellant raised any legal defense to allegations of its unlawful detainer of the premises at issue, precluding its summary eviction. In order to reach that issue, and since this is a matter of first impression, we must first conclude that the standard for our review of a district court's order granting su... More...   $0 (07-26-2007 - NV)

This case arises out of a June 1999 lease of commercial property in Charlotte, North Carolina, between Plaintiff and its lessee, Defendant West's Charlotte Transfer & Storage, Inc. ("WCT"). On 15 August 2001, Plaintiff filed a complaint in Mecklenburg County small claims court seeking summary ejectment against David D. Rushing ("Rushing") and John Clayton ("Clayton"), allegedly doing business... More...   $0 (08-24-2007 - NC)

Barbara McLeod (defendant or McLeod) appeals from a judgment of the Superior Court in favor of the Warwick Housing Authority (WHA or plaintiff) evicting her from her apartment in Meadowbrook Terrace, a subsidized housing complex in Warwick. The defendant contends that because WHA, after giving her notice of termination, continued to accept rent without preserving its right to terminate the ... More...   $0 (01-29-2007 - RI)

This case is about rights to a single piece of property, initially owned by Ronald and Carla Gagliano ["Gaglianos"]. The Gaglianos mortga... More...   $0 (01-26-2007 - FL)

1 Title 11 U.S.C.A. �5541 of the United States Bankruptcy Code governs abandonment of bankruptcy estate property. It allows the court to order the trustee to abandon any estate property that is burdensome or of inconsequential value and benefit to the estate.2 When an asset has been abandoned by the trustee, it is no longer part of the bankruptcy estate. It reverts to its pre-bankru... More...   $0 (06-16-2005 - OK)

Defendants appeal from a judgment of the United States District Court for the Northern District of New York (Neil P. McCurn, Judge) awarding tribal plaintiffs approximately $248 million in damages and prejudgment interest against the State for the late-eighteenth-century dispossession of their land, in violation of the Nonintercourse Act. 25 U.S.C. § 177. The tribal plaintiffs crossappeal from... More...   $0 (06-29-2005 - NY)

Florida Statutes (2003), when appellants were occu... More...   $0 (01-26-2005 - FL)

The facts most favorable to the judgment of the trial court follow. Taflinger and Uhl are owners of adjoining properties in Nabb, Indiana. The Taflinger family has occupied their land for over one hundred years. Uhl purchased the adjacent land in 1983. A dispute between Uhl and the Taflingers arose and the Taflingers filed a complaint seeking to: (1) quiet title to a .65 acre tract of Uhl's la... More...   $0 (10-12-2004 - IN)

Defendants Casimir Grotnik and Polish National Catholic Church appeal from a judgment entered in favor of plaintiff Guardian Angel Polish National Catholic Church of Los Angeles, Inc. (Guardian Angel parish) after the trial court found that real property consisting of a church and hall and all personal property located therein belong to Guardian Angel parish, and denying relief on defenda... More...   $0 (05-18-2004 - CA)

James Hauser (Hauser) was a passenger in a car driven by Jack Incorvia (Incorvia) within the community of Canyon Lake. Incorvia, who was intoxicated, drove the car off a road into a tree, killing Hauser. Hauser's child brought an action against, among others, the Canyon Lake Property Owners Association (CLPOA) and Barton Protective Services, Inc. (Barton) for damages arising from Hauser's... More...   $0 (05-18-2004 - CA)

{1} Viola Sanchez (Plaintiff) sued Josephine Borrego (Defendant) in a "Complaint for Breach of Real Estate Contract, Forfeiture and Ejectment." Plaintiff alleged Defendant purchased a house and real property pursuant to a real estate contract (Contract) and that Defendant failed to make monthly payments when due and she was therefore in default. Defendant denied there was a default under ... More...   $0 (04-01-2004 - NM)

Lessor filed suit seeking a declaratory judgment that lessees violated the lease, termination of the lease, and ejection of lessees from the leased property. Lessees counterclaimed alleging breach of good faith and fair dealing, breach of covenant of quiet enjoyment, and breach of contract. After a trial, the district court declared lessees did not materially breach the lease agreement, d... More...   $0 (03-17-2004 - WY)

Defendants TTnT Development Corp., Jerry Tuma, William Tillman and Jeffrey Tillman ("Developers") appeal from a judgment awarding Robert and Bonita Ridgway ("the Ridgways") $150,000 in damages and $103,393.98 in attorney fees on their claim for trespass to realty. Developers present three points on appeal. They contend that the trial court erred in the following respects: (1) using the wrong measu... More...   $50000 (02-23-2004 - MO)

{1}Plaintiffs appeal from a district court order, following a bench trial, which dismissed with prejudice their claims to a public easement by prescription. The district court determined that Plaintiffs failed to prove the elements of a prescriptive easement by clear and convincing evidence. Plaintiffs appealed initially to the Court of Appeals, which in turn certified the matter to this Court.... More...   $0 (04-14-2003 - NM)

This case concerns a contract for the sale of real estate. Plaintiffs Robert and Cecile Bergeron petitioned the Chittenden Superior Court for specific performance of their agreement with defendant Sidney Boyle to purchase 100 acres of his farm. Following an evidentiary hearing, the trial court determined that the parties entered into a valid, enforceable contract for the purcha... More...   $0 (10-24-2003 - VT)

This appeal is from the trial court's judgment, following bench trial, awarding compensatory and punitive damages pursuant to the plaintiffs' claims of trespass, ejectment, and unjust enrichment concerning eleven parcels of real estate located in Missouri, Indiana, and Alabama. The defendant, Cornerstone Propane, L.P. ("Cornerstone"), raises six points on appeal, assigning error concerning the mea... More...   $0 (11-18-2003 - MO)

Plaintiff appeals from a judgment awarding attorney fees to defendant in an action under the Oregon Residential Landlord and Tenant Act (RLTA). The issue is whether the trial court erred in designating defendant as the prevailing party under ORS 90.255 and awarding him attorney fees. After a trial in which it found for defendant on plaintiff's ejectment claim and for plaintiff on defendant's co... More...   $0 (09-24-2003 - OR)

Appellees Charles and Betty Tolliver brought a petition for ejectment and writ of possession against Paul Jackson. At issue was the ownership of four tracts of land in Murray County, Georgia. A jury returned a verdict in favor of the Tollivers, and judgment was entered vesting them with fee simple title to all the land in issue. Jackson's subsequent motion for new trial was denied. On appe... More...   $0 (09-19-2003 - GA)

In this case, Bruce T. and Elizabeth H. Bowling purchased a condominium unit and parking space in Eagle County from Patrice Merritt. The Bowlings obtained a title insurance commitment, which did not refer to any judgment liens encumbering the property. Several months after that transaction, Franklin Bank, N.A. and NBD Equipment Finance, Inc. (Creditors), sought to execute against the property, ... More...   $0 (06-27-2003 - CO)

Whittemore v. Whittemore et al.

Bobbie Jean Mann purchased and built a home on the property in question in 1983. She told her son Ralph and daughter-in-law Glenda that she was gifting the property to them and their son, Steven. In so doing, Mann expressed a desire to provide a home and a nest egg for Steven, who was born three years earlier. Ralph and Glenda agreed to look after Steven's interest in the property until he rea... More...   $0 (09-30-2002 - GA)

Both GSB... More...   $0 (07-27-2002 - KS)