Erickson v. Morrison
Decision Date | 30 December 2019 |
Docket Number | No. 19CA18,19CA18 |
Citation | 2019 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 |
Court | Ohio 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.
{¶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.
{¶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"):
{¶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:
{¶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:
{¶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.
{¶20} The Morrisons raise one assignment of error:
{¶21}
{¶22} George raises one assignment of error:
{¶23}
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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Erickson v. Morrison
...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......
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Erickson v. Morrison
...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......
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McCombs v. Dennis
...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......