Date: 03-09-2001

Case Style: Taylor v. Heirs of Johnson

Case Number: 2001 OK APP CIV 40

Judge: Carol M. Hansen

Court: Oklahoma Court of Civil Appeals

Plaintiff's Attorney: Bill Barksdale of Barksdale, Robinson & Wimer, Okmulgee, Oklahoma

Defendant's Attorney: Douglas L. Boyd, Law Office of Douglas L. Boyd, Tulsa, Oklahoma

Description: In 1947, J.J. Johnson and his wife Nettie purchased, as joint tenants, the subject 80 acre tract. J.J. died in 1955 and Nettie died in 1967, leaving six living children and the children of three deceased children. Ira Johnson, the last surviving child of J.J. and Nettie, had been in sole possession of the 80 acres since 1967. Ira died in 1996 leaving a will which devised the 80 acres to his wife, Evelyn. Evelyn then conveyed the 80 acres to her daughter and Ira's step-daughter, Plaintiff, Ella Jean Taylor.

In 1997, Plaintiff listed the 80 acres with a real estate broker. The Intervenors, Charley W. Condren, Jr., and Betty A. Condren, entered into a contract with Plaintiff to buy the 80 acres. Intervenors had been told by the real estate broker that a probate had been completed and the subject property was owned by Plaintiff. Intervenors' property adjoined the subject 80 acres, and they lived on their property for more than forty years. Intervenor, Charley Condren, (Charley) knew the Johnson family, especially Tommy, J.J. and Nettie's son who predeceased Nettie. He also knew Tommy's children, including Leneta Dyer. However, he had not seen them for 20 or 25 years.

After the sale contract was executed, Charley telephoned Leneta Dyer. He asked her what the Johnson heirs were going to do with the property. She told him there were a lot of heirs, and as soon as the title was cleared, the heirs were going to sell it. Charley and Leneta discussed Plaintiff, and Leneta told him that Plaintiff had no legal right to sell the property. Charley did not tell Leneta he had signed a sale contract to purchase the property.

Thereafter, Intervenors requested that Mr. Inglish, an attorney, prepare a title opinion for them. The title opinion required a quiet title lawsuit to determine J.J. and Nettie's heirs. The title opinion mentioned the Ira Johnson probate and the deed to Plaintiff. The title opinion stated, "We don't know who Ira is nor why J.J. and Nettie Johnson never deeded out. The title is defective. Inquiry should be made concerning these matters and then a determination made as to how to correct the problem, most likely through a Title Suit." Mr. Inglish had no knowledge of the Nettie Johnson family.

Plaintiff directed Mr. Inglish to file a quiet title lawsuit.1 Defendants, the heirs, executors, administrators, trustees, devisees, successors and assigns of J.J. Johnson and Nettie Johnson and three Indian allotees were served by publication. Intervenors were not parties to the lawsuit. While the lawsuit was pending, Charley again telephoned Leneta, and they essentially repeated their earlier telephone conversation. Charley did not mention that Plaintiff had filed a quiet title action. Thereafter, the trial court quieted title in Plaintiff. After the completion of the lawsuit, Plaintiff and Intervenors closed the transaction.

Subsequently, Leneta, Homer Johnson, Chester Johnson and Jerry Johnson, the grandchildren of J.J. and Nettie Johnson, filed a motion to vacate the judgment which the trial court granted.2 Intervenors were allowed to intervene. The trial court conducted a hearing to determine the good faith purchaser status of Intervenors. After taking the matter under advisement, the trial court quieted title in Intervenors, determining Intervenors to be "bona fide purchasers of value," record owners in fee simple of the subject 80 acres. Defendants appeal this determination. * * *

Outcome: Reversed and remanded for further proceedings.

Plaintiff's Experts: Unknown

Defendant's Experts: Unknown

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