A judge of the Land Court entered a summary judgment declaring that easement language was in essence a view easement that permits the defendants to cut vegetation in order to maintain their view. The plaintiff appeals. We affirm.

Background. The original plaintiff, Richard Stafursky, is the founder and president of World Species List--Natural Features Registry Institute (World Species). Wor... More...   $0 (09-29-2009 - MA)

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)

Richard Neiswonger (Neiswonger) appeals the district court’s1 entry of a civil contempt order against Neiswonger for Neiswonger’s violations of a prior permanent injunction, enjoining him from using deceptive and misleading sales practices. Neiswonger claims the district court erred in denying Neiswonger’s motion for a separate hearing on the issues of damages and disgorgement of profits and... More...   $0 (09-09-2009 - MO)

Oscar D. Galloway died in 2002. Betty L. Smith, Nancy L. Hodges, and Ned L. Galloway are Galloway=s siblings and heirs at law. On August 8, 2002, the county court issued an order granting an independent administration and naming Smith independent administratrix of the estate.

On November 29, 2006, Smith filed an application with the county court to sell approximately 164 acres in Stonew... More...   $0 (08-20-2009 - TX)

Robert M. Hardy (“Father”) and Derrick Chance Hardy (“Son”) challenge the trial court‟s order denying their request for reformation of the underlying warranty deed and ordering the partition and sale of the land as requested by Ashly Megan Hardy (“Daughter”). We affirm.

ISSUE

Whether the trial court erred in denying Father and Son‟s request for reformation of the ... More...   $0 (08-11-2009 - IN)

Shlishey the Best, Inc., the third-party purchaser at a foreclosure sale, appeals the trial court's order that set aside the foreclosure sale and vacated the certificate of sale, contending that it was denied procedural due process because the trial court entered the order ex parte and with no opportunity for Shlishey to be heard. Because the record supports this assertion, we reverse and remand f... More...   $0 (07-08-2009 - FL)

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)

Don Smith and wife, Shirley Smith, brought suit against Danny Lile and wife, Paulette Lile, under the Declaratory Judgments Act (Chapter 37 of the Texas Civil Practice and Remedies Code), asking for a declaration that the Smiths were the owners of certain lands; at the conclusion of the trial before the court, a judgment was entered declaring that the legal and equitable title of the disputed lan... More...   $0 (06-12-2009 - TX)

R. Lowell and Paula E. Gaut appeal the trial court's judgment rendering their deed to 47.71 acres void. The Gauts raise seven issues on appeal; however, we address only the first issue, which requires us to reverse the trial court's judgment and render judgment in favor of the Gauts.

Background

In this trespass to try title lawsuit, Miguel R. and Gloria R. Daniel sought to establish ... More...   $0 (05-20-2009 - TX)

¶1 Vernon A. Anderson (Anderson) appeals from a partition order of the Seventeenth Judicial District Court, Valley County, that settled interests in real property between Anderson and Nancy Lee Woodward (Woodward). The order determined that Anderson had gifted certain real property to Woodward. We affirm.

¶2 We review the following issue on appeal:

¶3 Did the District Court correc... More...   $0 (04-29-2009 - MT)

General Motors (GM) filed this declaratory judgment action and sought injunctive relief against Harry Brown's, LLC, one of its Minnesota dealerships, after Harry Brown's indicated it wanted to move a related Chrysler dealership onto its property. The district court1 denied GM's motion for a preliminary injunction. GM appeals, arguing that the district court abused its discretion and erred in findi... More...   $0 (04-18-2009 - MN)

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)

Hector Gamboa sued Renown Regional Medical Center on a medical negligence (medical malpractice) theory claiming that he was injured while being examined and treated for a broken collar bone which she suffered in a dirt bike accident in April 2006. Gamboa claimed that he suffered four broken ribs when a glass partition used during his X-rays broke and fell on his chest.

Defendant claimed th... More...   $480000 (03-04-2009 - NV)

This case involves the title to an undivided two-fifths interest in a 62.5 acre tract of land located in Gonzales County ("the property"). Appellees (1) brought suit for partition of the property against appellant, Betty J. Garner ("Garner"). (2) The controlling question is whether Garner established adverse possession against appellees. Following a bench trial, the trial court rendered judgment i... More...   $0 (01-29-2009 - TX)

Defendants appeal from a judgment directing the partition by division of real property that the original parties held as tenants in common.(1) The issue presented on appeal is whether real property that was owned by one of the original cotenants and his wife and that adjoined the partitioned property could be considered in assessing the potential use and value of the partitioned property in order... More...   $0 (01-28-2009 - OR)

Don D. Johnson, et al. (Johnson) appeals from a judgment rendered in favor of La Mesa Farms, Inc. (La Mesa) wherein a sheriff’s sale was ordered on a certain tract of real estate. Via four issues, he contends that the 1) trial court failed to apply the correct legal standard and correctly balance the equities of the co-tenants, 2) evidence was legally and factually insufficient to support the fi... More...   $0 (01-07-2009 - TX)

Don D. Johnson, et al. (Johnson) appeals from a judgment rendered in favor of La Mesa Farms, Inc. (La Mesa) wherein a sheriff’s sale was ordered on a certain tract of real estate. Via four issues, he contends that the 1) trial court failed to apply the correct legal standard and correctly balance the equities of the co-tenants, 2) evidence was legally and factually insufficient to support the fi... More...   $0 (01-07-2009 - TX)

Ricky Stegall and Barbara Greedy appeal the district court’s ruling denying them summary judgment in this partition action. We reverse. Mary Stegall filed a petition for partition of real property alleging she was the owner of a life estate and that the defendants, Ricky Stegall, Barbara Greedy, and David Hendrix, each had an undivided one-third vested remainder interest in the property at issue... More...   $0 (12-31-2008 - IA)

Juan Jose Siller and Perfecta G. Siller appeal the trial court's order granting summary judgment in favor of LPP Mortgage Ltd. in a lawsuit in which Juan and Perfecta assert numerous claims against LPP arising from a dispute over the title to certain real property. Because the summary judgment evidence raised a genuine issue of material fact with regard to the ownership of the property, we reverse... More...   $0 (12-10-2008 - TX)

This is a partnership dispute. In six issues, Appellant Richard K. Archer (Archer)[2] complains of a summary judgment in favor of Appellee Richard O. Harris, Individually and as Trustee of the Richard O. Harris Profit Sharing Trust (Harris) on Archer=s claims for breach of covenant against encumbrances and for money had and received. We affirm.

... More...   $0 (12-05-2008 - TX)

Norma Andrews1 and Leonard Zordel appeal the circuit court's judgment to deny Zordel's counterclaim in which he sought to quiet title to farm land in Miller County. Zordel's grandmother, Iris Barnes, had become part owner of the farm along with Barnes' two daughters, Carla Kiesling and Andrews, when Jay and Dovie Barnes executed a general warranty deed conveying the farm to the women during 1965. ... More...   $0 (11-04-2008 - MO)

Defendant appeals a declaratory judgment stating that the conditions, covenants, and restrictions (CCRs) attached to a plat of land in Deschutes County preclude further subdivision or partition of the platted land, and an injunction enjoining defendant and future owners from seeking subdivision or partition of the land. Defendant seeks a reversal of that judgment, arguing that (1) the trial court ... More...   $0 (10-29-2008 - OR)

This appeal is the fourth and perhaps final visit of the brothers George and Richard Tarvezian to this court in the prosecution of their long-running dispute over the partition and sale of a residential building in Watertown once owned by them as tenants in common (property). In the first chapter of litigation, Richard successfully petitioned the Probate and Family Court (Probate Court) for partit... More...   $0 (10-21-2008 - MA)

This original proceeding stems from an appeal in a case concerning a complaint for partition or sale of certain Clark County real property. In that case, this court reversed the district court’s judgment transferring the property from petitioners to real parties in interest through a judicial sale and remanded the matter to the district court for further proceedings. When petitioners took step... More...   $0 (10-03-2008 - NV)

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)