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Joint Tenancy Law
Jerald Korwin Hofstad v. Cathryn Anne Christie

[¶1] Appellant Jerald Korwin Hofstad challenges the district court‟s judgment equally partitioning a home owned by him and Appellee Cathryn Anne Christie as tenants in common. We affirm.


[¶2] Mr. Hofstad lists four issues:

1. Did the district court below commit reversible error when it applied Alaska and Montana law and treated an unmarried couple as family members ... More...
   $0 (10-07-2010 - WY)

Evan Hoit v. Brent Warren Rankin and Kimberly Webb

This is an appeal from a judgment entered in a partition action. Brent Warren Rankin ("Rankin") and his wife, Kimberly Webb ("Webb"), (collectively referred to as the "Rankins")1 contend that the trial court erred when it found that the respective interests owned by the Rankins and Evan Lee Hoit and Evelyn Jeanne Hoit (the "Hoits") in a residence at 1713 Jordan Street, Kearney, Missouri (the "Hous... More...   $0 (09-28-2010 - MO)

Land America Commonwealth Title Insurance Company v. Dorothy Kolozetski

The defendant, Dorothy Kolozetski, appeals the Trial Court’s (Arnold, J.) order applying RSA 477:22 (2001) to award the proceeds of her husband’s one-half interest in the marital residence to Land America Commonwealth Title Insurance Company (Land America). We affirm.

The following facts were either found by the trial court or are supported by the record. Dorothy and John Kolozetski o... More...
   $0 (02-04-2010 - NH)

Kyong S. Murphy v. Michael O. Murphy

¶1 Michael Murphy (Husband) and Kyong Murphy (Wife) both appeal from the trial court's final decree in the dissolution proceeding filed by Wife, alleging errors with the trial court's property division. Husband's appeal addresses the trial court's failure to award him (1) an equitable share in the enhanced value of Wife's separate business, (2) a credit for joint funds used for her business, (3) ... More...   $0 (01-11-2010 - OK)

Orlando Residence Ltd. v. Kenneth E. Nelson

¶1 These cases arise from Orlando Residence’s efforts to collect on a Tennessee judgment against Kenneth Nelson. As part of those efforts, Orlando Residence obtained a judgment in Wisconsin based on the Tennessee judgment. Kenneth and his wife, Susan Nelson, appeal the Wisconsin judgment along with an order denying relief from the judgment. The Nelsons argue that the Tennessee judgment is n... More...   $0 (12-30-2009 - WI)

Judith J. Snyder v. Elliot Heidelberger

Plaintiff, Judith J. Snyder, sued defendant attorney Elliot Heidelberger for malpractice in the drafting of a deed to real property that her late husband, Wilbert Snyder, allegedly intended to convey to her as his joint tenant. She also requested a constructive trust in order to prevent defendant Steven W. Snyder from dispossessing her via an action for forcible entry and detainer (735 ILCS 5/9--1... More...   $0 (10-08-2009 - IL)

Faegre & Benson, LLP v. R & R Investors, et al.

This is an appeal from summary judgment in an interpleader action in which the district court determined that respondent partnership was entitled to the proceeds from the settlement of a lawsuit against the federal government, and dismissed appellants’ damages claims against respondent law firms, who were litigation counsel in the federal lawsuit and commenced this interpleader action to resolve... More...   $0 (09-29-2009 - MN)

Traci R. Rowe v. Michael B. Rowe and Donelle H. Ratheal

¶1 Traci R. Rowe (Mother) and Michael B. Rowe (Father) were divorced in 1998. They had one minor child, born December 18, 1996. In 2002 a shared parenting plan was entered into, with both parents having decision-making authority. On October 29, 2003, Donelle H. Ratheal was appointed as the guardian ad litem for the minor child. The order of appointment vested the guardian ad litem with the powers... More...   $0 (09-22-2009 - OK)

Daniel Hearne v. Diane Banks

This case concerning the ownership of certain real property in Fort Smith is before us for the third time.1 Appellants Daniel Hearne and his wife Debora Hearne claimed an interest in this property by virtue of two deeds, one from Daniel Hearne’s mother, and the other from David Banks, the former husband of appellee Diane Banks. The circuit court held that the deed from Hearne’s mother failed f... More...   $0 (09-16-2009 - AR)

Daniel M. Massey v. Lucile R. Jacko Hrostek

This appeal arises from a partition action brought by plaintiff Daniel Massey against defendant Lucille Hrostek. In that action, Hrostek was ordered to sign over title to their jointly owned $450,000 vacation home on nineteen acres of land without receiving any compensation from Massey. We reverse and remand.

¶ 2. When Massey brought this partition action, the parties were th... More...
   $0 (07-02-2009 - VT)

Bank of Oklahoma v. Regina Ashley

¶1 Defendant, Regina Ashley n/k/a Williams, appeals from the trial court's denial of her motion to release a judgment lien held by Plaintiff, Bank of Oklahoma (Bank). At issue is a question of first impression: Does a pre-existing judgment lien on a debtor's real property survive a bankruptcy discharge in light of 12 O.S.2001 § 706(E)(2)? We find that it does and affirm.


¶2 ... More...
   $0 (05-14-2009 - OK)

Suzanne Russell v. Chase Investment Services

¶1 The United States District Court for the Northern District of Oklahoma, pursuant to the Revised Uniform Certification of Questions of Law Act, 20 O.S.2001, §§ 1601-1606, certified the question:

Does the appointment of a general guardian withdraw all of the assets from the estate of a ward subject to a durable power of attorney, such that the person holding power of attorney is without... More...
   $0 (04-07-2009 - OK)

Donald Reese Campbell v. Wendy L. Jordan a/k/a Wendy Jean Lynch Jordan; Mary Alice Richardson; Elizabeth L. Langley a/k/a Elizabeth Ann Lynch and Harvey R. Campbell

Donald Campbell ("Donald") instituted this partition action against his two siblings, Mary Alice Richardson and Harvey Campbell, and his two nieces, Wendy Jordan and Elizabeth Langley ("the nieces"). After ruling that an in kind partition was appropriate, the special referee ordered that the real property be surveyed and subdivided. On appeal, the nieces claim the special referee erred in refusi... More...   $0 (03-24-2009 - SC)

Scott D. Elder, D.D.S. Profit Sharing Plan v. Creative Finance & Investments, L.L.C., et al.

¶1 Appellant David Sherick (Sherick) appeals from the order of the Twenty-First Judicial District Court, Ravalli County, granting summary judgment in favor of Respondent Scott D. Erler (Erler). We affirm.

¶2 We consider the following issue on appeal:

¶3 Did the District Court err in ruling that Leota Osburn and Donald Hill ratified the forged deed transferring property to Erler?More...
   $0 (02-18-2009 - MT)

Jeanette C. Nicholson, Ph.D. v. James C. Shafe, et al.

This appeal calls upon us to address the scope of the Rooker-Feldman1 doctrine, which provides that “lower federal courts are precluded from exercising appellate jurisdiction over final state-court judgments.” Lance v. Dennis, 546 U.S. 459, 463 (2006). The Supreme Court has only applied the Rooker-Feldman doctrine as a bar to jurisdiction on two occasions, the first instance being Rooker and t... More...   $0 (02-18-2009 - GA)

Margaret Dickinson v. Kris Thomas

[¶1] Appellant, Margaret Dickson (Dickson), seeks review of a district court order which quieted title to the property at issue in this appeal, to Dickson and the Appellee, the Estate of John Emmanuel Thomas (Thomas), “in equal shares as tenants in common.” Thomas was Dickson‟s brother. Dickson contends that the quiet title action should have resulted in recognition that the two siblings h... More...   $0 (01-29-2009 - WY)

Mary Rector v. Clifford Tatham, Patricia Disque and Ruth Strickland

This appeal requires us to decide the propriety of the district court's dismissal of plaintiff Mary Rector's lawsuit against her defendant siblings to enforce the terms of a mediated settlement agreement.

The handwritten agreement at issue–evidently arrived at in hope of resolving several ongoing disputes among Rector and her brother, Clifford Tatham, and her sisters, Patricia Disque and ... More...
   $0 (11-21-2008 - KS)

Patricia Polly v. The Estate of Lee Polly and Janice K. Walker-Taylor

On May 15, 1982, Patricia Borden and Lee Polly signed a Pre-Nuptial Agreement that provided, "as long as the parties are living together as husband and wife, any earnings of LEE shall be treated as joint funds." Nuptials followed. Lee later opened an account in joint tenancy with his daughter from a previous marriage, Janice Walker.

Lee died on June 4, 2003. His will named Patricia and Ja... More...
   $0 (10-20-2008 - IL)

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)

Roberta Fernandez-Fox v. Estate of David P. Lindsay, Deceased

Roberta Fernandez-Fox appeals a trial court order denying her petition for an extension of time to file an independent action against the estate of David P. Lindsay. Fox argues that the trial court erred in finding that a motion to strike was the same as an objection and, because the trial court's order was premised on this finding , reversal is required. We agree and reverse.

Fox a... More...   $0 (01-14-2008 - FL)

James Douglas Moos v. Judy Gayle Moss

1 James Douglas Moss (Brother) appeals the trial court's July 31, 2006, order which found Judy Gayle Moss (Sister) retained a life estate in property owned by Brother and which divided partnership assets between the two. We affirm in part, reverse in part, and remand with directions.


2 The siblings' parents owned 149 acres in Murray County. Calvin, their Father, held fee title to 3... More...   $0 (12-14-2007 - OK)

Zlata Ilic-Lee v. Michael B. Mukasey, Attorney General

Petitioner Zlata Ilic-Lee petitions this court for review of two Board of Immigration Appeals' ("BIA") decisions that (a) affirmed the Immigration Judge's ("IJ") denial of petitioner's motion for continuance, (b) vacated the IJ's denial of petitioner's motion to reopen, and (c) denied petitioner's direct motion to reopen. For the reasons that follow, we AFFIRM the decisions of the BIA and D... More...   $0 (11-26-2007 - MI)

D. Bartlett v. S. Bartlett

¶1 Defendant/Appellant S. Bartlett (Wife) appeals from the Decree of Divorce as well as other court orders in this dissolution proceeding filed by Plaintiff/Appellee D. Bartlett (Husband). We hold that the trial court erred in finding that Husband rebutted the presumption of a gift which arose when Husband placed the marital residence and six other properties in joint tenancy with Wife; we theref... More...   $0 (02-10-2006 - OK)

Genevieve Lynn Orud, et al. v. Nancy A. Groth, et al.

The appellant, Nancy Groth, appeals an adverse judgment in an action brought by her siblings to obtain their share of the proceeds from the sale of property originally owned by the parties' mother. The plaintiffs filed a cross-appeal asserting the court erred in failing to enter judgment against the other defendants, in calculating the plaintiffs' damages, and in failing to order partition of ... More...   $0 (01-16-2006 - IA)

Joe B. Hall v. TWS, Inc.

In an action to collect on a judgment against Raymond Moore, TWS, Inc. obtained a charging order against his interest in a purported mining partnership with Joe B. Hall and subsequently purchased his interest at a foreclosure sale and sued to dissolve the partnership. The superior court found that, although Moore and Hall formed a partnership at will in 1990, the partnership was dissolved i... More...   $57508 (06-23-2005 - AK)

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