Erickson v. Morrison

Decision Date30 December 2019
Docket NumberNo. 19CA18,19CA18
Citation2019 Ohio 5430,151 N.E.3d 110
Parties W. Randal ERICKSON, et al., Plaintiffs-Appellees v. Paul E. MORRISON, et al., Defendants-Appellants and Susan George (fka Logan), Defendant-Cross-Appellant
CourtOhio Court of Appeals

John P. Brody, William J. Levendusky, Jane K. Gleaves, KEGLER, BROWN, HILL + RITTER, 65 East State St., Suite 1800, Columbus, OH 43215-4294, For Plaintiffs-Appellees

Gregory W. Watts, Matthew W. Onest, KRUGLIAK, WILKINS, GRIFFITHS & DOUGHERTY CO., L.P.A., 4775 Munson St. N.W., P.O. Box 36963, Canton, OH 44735-6963, For Defendants-Appellants

Gary Paul Price, Chad A. Foisset, PRICE LAW FIRM LLC, 555 City Park Ave., Columbus, OH 43215, Co-Counsel for Susan George, fka Logan

Nelson E. Genshaft, Anthony C. Chambers, STRIP, HOPPERS, LEITHART ET AL., 575 South Third St., Columbus, OH 43215, Co-Counsel, Susan George, fka Logan

JUDGES: Hon. W. Scott Gwin, P.J., Hon. William B. Hoffman, J., Hon. Patricia A. Delaney, J.

OPINION

Delaney, J.

{¶1} Appellants Paul E. Morrison and Vesta G. Morrison (the "Morrisons") appeal from the April 17, 2019 Findings of Fact/Conclusions of Law/Judgment Entry of the Guernsey County Court of Common Pleas. Appellees are W. Randal Erickson, Kathleen E. Erickson, and Sally Tonning (the "Ericksons"). Defendant/Cross-appellant Susan George ("George") appeals from the same judgment.

FACTS AND PROCEDURAL HISTORY

{¶2} This case arose from disputed ownership of mineral rights related to approximately 139 acres of real property in Washington Township, Guernsey County, Ohio.

Logan's creation of the Reservation

{¶3} On February 26, 1926, James T. Logan and Rose L. Logan, husband and wife, executed a warranty deed transferring the surface rights of the real estate to Richard Riggs and Alta Riggs. The deed contained the following reservation of the mineral rights (the "Reservation"):

* * * *.
Excepting and reserving therefrom all coal, gas, and oil with the right of first parties, their heirs and assigns, at any time to drill and operate for oil and gas and to mine all coal with further right to build and maintain reservoirs, pipe lines, and the use of reasonable necessary roads; the said first parties their heirs and assigns, being liable and required to pay all taxes assessed against their said property and any damages caused to growing crops by any of such operations. All such operations for coal shall be outside of and leave one acre of solid coal under the dwelling house and under the barn and no drilling for oil or gas shall be within one hundred yards of the said dwelling house, barn, and other buildings located on said farm.
* * * *.

{¶4} On February 25, 1941, Logan sold the mineral rights to C.L. Ogle through execution of a Mineral Deed which described the oil and gas rights as follows:

James T. Logan, a widower and not remarried, transferred to C.L. Ogle, his heirs and assigns, the following in pertinent part:
* * * *.
This conveyance is intended to convey all of the interest of the Grantor herein, which consists of certain reservations in that certain deed executed on the 26th day of February 1926, from James T. Logan (the grantor herein) and Rose L. Logan (his then wife) to Edward Riggs and Alta Riggs.
The said reservations conveyed herein consist of all coal, gas, and oil, with the right of the said grantors James T. Logan and Rose L. Logan, their heirs and assigns, at any time to drill and operate for oil and gas, and to mine all coal with the further right to build and maintain reservoir pipe lines and the use of reasonably necessary roads, said grantors, their heirs and assigns being liable and required to pay all taxes assessed against the said property, and any damage caused to growing crops by any such operations. All Such Operations for coal shall be outside of and leave one acre of solid coal under the dwelling house and under the barn, and no drilling for oil or gas shall be within one Hundred (100) yards of said dwelling house, barn, and other buildings located on said farm.
* * * *.

{¶5} The Ericksons of the instant case are the heirs of C.L. Ogle. The "Logan Defendants" referenced throughout the opinion, including cross-appellant Susan George fka Logan, are the heirs of James T. Logan.

{¶6} Title to the surface rights of the real property was conveyed or transferred through estate or intestacy recorded documents. Each recorded instrument contains the Reservation, supra, reproduced in its entirety.

The Morrisons' deeds contain the Reservation

{¶7} By warranty deed dated April 26, 1978, filed for record May 1, 1978, the Morrisons took title to the surface rights. The warranty deed contains the Reservation in its entirety.

{¶8} The Morrisons executed a survivorship deed on June 2, 1983, filed for record on June 16, 1983, conveying the surface rights of the property to themselves in joint tenancy with a right of survivorship. The survivorship deed contains the Reservation in its entirety.

{¶9} The Morrisons executed a quitclaim deed on May 8, 1998, filed for record on May 12, 1998, conveying the surface rights to the Paul E. Morrison Trust, of which Paul E. and Vesta G. Morrison are both trustees. The trust deed contains the Reservation in its entirety.

The 2015 litigation: Logans' interest extinguished

{¶10} On April 9, 2015, the Morrisons brought an action in the Guernsey County Court of Common Pleas styled Paul E. Morrison et al. v. Marjorie A. Logan et al. against the Logan Defendants,1 arguing the Morrisons own both the real estate and the minerals pursuant to the 1989 version of the Ohio Dormant Mineral Act. The case was docketed as Guernsey County Court of Common Pleas case number 15 CV 000157.

{¶11} The Morrisons filed a first amended complaint against the Logan Defendants raising additional claims under the 2006 Ohio Dormant Mineral Act and the Ohio Marketable Title Act ( R.C. 5301.47 et seq. )

{¶12} On January 22, 2016, the trial court granted summary judgment in favor of the Morrisons. The Court declared that the Logan Defendants' interest in the Reservation was extinguished pursuant to the Ohio Marketable Title Act and that the rights to the severed mineral interests were quieted unto the Morrisons.

{¶13} The Logan Defendants filed a notice of appeal from the trial court's decision, but the appeal was subsequently dismissed. 5th Dist. Guernsey No. 17 CA 18.

The instant litigation

{¶14} On August 24, 2017, the Ericksons filed suit seeking declaratory relief and quiet title. The named defendants included the Morrisons, George, and the Logan Defendants.2

{¶15} The Morrisons responded with an answer and counterclaim seeking declaratory judgment and to quiet title pursuant to the Dormant Mineral Act, asserting they are in full possession of the real estate and the minerals.

{¶16} Defendant and cross-appellant Susan George answered on November 13, 2017.

{¶17} The Ericksons filed a motion for judgment on the pleadings pursuant to Civ.R. 12(C). The Morrisons responded with a memorandum in opposition and counter-motion for judgment on the pleadings. George also responded in opposition to the Ericksons' motion for judgment on the pleadings.

{¶18} Pursuant to an entry entitled "Findings of Fact/Conclusions of Law/Judgment Entry" filed April 17, 2019, the trial court granted the Ericksons' motion for judgment on the pleadings, declaring as follows:

* * * *.
The Court hereby declares as to Count One: (1) that the [Morrisons] do not possess any right, title, or interest in the Real Estate's oil and gas rights, being the Minerals defined in the Reservation; (2) that [Ericksons] are the true and rightful owners of all the Real Estate's oil and gas rights, being the Minerals defined in the Reservation.
As to Count Two, the Court hereby quiets title to the Minerals and determines that [Ericksons] are the sole owners of all Minerals and that [Morrisons] have no right, title, or interest in the Minerals * * *.

{¶19} The Morrisons as appellants, and Susan George as cross-appellant, now appeal from the trial court's Findings of Fact/Conclusions of Law/Judgment Entry dated April 17, 2019.

ASSIGNMENTS OF ERROR

{¶20} The Morrisons raise one assignment of error:

{¶21} "I. THE TRIAL COURT ERRED WHEN IT HELD THAT THE SEVERED MINERAL INTEREST AT ISSUE WAS PRESERVED FROM EXTINGUISHMENT UNDER THE OHIO MARKETABLE TITLE ACT."

{¶22} George raises one assignment of error:

{¶23} "I. CROSS-APPELLANT ASSERTS THAT THE TRIAL COURT ERRED IN GRANTED APPELLEE'S JUDGMENT ON THE PLEADINGS WHERE THERE ARE CLEARLY MATERIAL FACTUAL ISSUES THAT REMAIN IN DISPUTE."

ANALYSIS

I.

{¶24} In their sole assignment of error, the Morrisons argue the trial court erred in finding that the Reservation is an exception to the Ohio Marketable Title Act and is therefore preserved from extinguishment. We agree.

{¶25} The trial court granted judgment on the pleadings for the Ericksons and against the Morrisons. Civil Rule 12(C) provides, "after the pleadings are closed but within such time as not to delay the trial, any party may move for judgment on the pleadings." The standard of review of the grant of a motion for judgment on the pleadings is the same as the standard of review for a Civ.R. 12(B)(6) motion, which requires the appellate court to independently review the complaint to determine if the dismissal was appropriate. Ferreri v. The Plain Dealer Publishing Co ., 142 Ohio App.3d 629, 639, 756 N.E.2d 712 (8th Dist.2001). A motion for judgment on the pleadings pursuant to Civil Rule 12(C) presents only questions of law. Peterson v. Teodosio , 34 Ohio St.2d 161, 175, 297 N.E.2d 113 (1973). The determination of a motion under Civil Rule 12(C) is restricted solely to the allegations in the pleadings and the nonmoving party is entitled to have all material allegations in the complaint, with all reasonable inferences to be drawn therefrom, construed in its favor. Id. Evidence in any form cannot be considered. Conant v. Johnson , 1 Ohio App.2d 133, 204 N.E.2d 100 (4th Dist.1964). In...

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4 cases
  • In re A.B.
    • United States
    • United States Court of Appeals (Ohio)
    • December 30, 2019
  • Erickson v. Morrison
    • United States
    • United States State Supreme Court of Ohio
    • March 16, 2021
    ...it held that the severed mineral interest at issue was preserved from extinguishment under the Ohio Marketable Title Act." 2019-Ohio-5430, 151 N.E.3d 110, ¶ 21. The court of appeals agreed and reversed the trial court's judgment, explaining that "the Reservation does not state by whom the i......
  • Erickson v. Morrison
    • United States
    • United States State Supreme Court of Ohio
    • March 16, 2021
    ...held that the severed mineral interest at issue was preserved from extinguishment under the Ohio Marketable Title Act." 2019-Ohio-5430, 151 N.E.3d 110, ¶ 21. The court of appeals agreed and reversed the trial court's judgment, explaining that "the Reservation does not state by whom the inte......
  • McCombs v. Dennis
    • United States
    • United States Court of Appeals (Ohio)
    • April 5, 2021
    ...interest have effectively overruled Straits and Hefner sub silentio. See, e.g., Peppertree Farms, supra ; Erickson v. Morrison, 5th Dist., 2019-Ohio-5430, 151 N.E.3d 110, rev'd on other grounds, ––– Ohio St.3d ––––, 2021-Ohio-746, ––– N.E.3d ––––.{¶16} In conclusion, we find the trial court......

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