Partition Law
 
Groth Bros. Oldsmobile, Inc v. V. Gallagher

Steven V. Gallagher appeals from an order of the Alameda County Superior Court denying his application for indemnity for defense costs pursuant to Corporations Code section 317 from Groth Bros. Oldsmobile, Inc. (Groth Bros.). Gallagher incurred costs and attorney fees in defending himself in an action brought by William M. Groth, Jr. (plaintiff) against him and other defendants. After the court... More...   $0 (03-26-2002 - CA)

Kim Horrocks v. Mechanical Breakdown

Kim Horrocks appeals from an adverse grant of summary judgment on her sex discrimination and retaliation claims brought under Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e to 2000e-17. * * * Horrocks was employed as a Claims Auditor for Mechanical Breakdown Protection, Inc. (MBPI) from November 21, 1994, until December 24, 1998. She alleges her co-employee, Brian Rodekopf, crea... More...   $0 (03-08-2002 - MO)

Linda Ruth Jackson v. Theresa Jackson and Tap-J Industries, Inc.

These appeals arise out of a dispute between adjacent landowners in Livingston Parish concerning the exercise, maintenance, and modification of a predial servitude of drain. Each party filed a lawsuit seeking injunctive relief and damages against the other. After an initial hearing regarding injunctive relief, the actions were consolidated for trial, a judgment was rendered, and the parties ar... More...   $0 (03-06-2002 - LA)

Joseph Donald Sceroler, Jr., et al. v. Vardie L. Rancher, Jr., et al.

This case involves a dispute about the plaintiffs' right to access a public road from their enclosed estates south of Denham Springs, Louisiana, and the validity of an alleged compromise agreement. The trial court articulated very detailed and wellwritten reasons for judgment in holding that plaintiffs were not entitled to a predial servitude under La. Civ. Code art. 689 but were instead entit... More...   $0 (02-20-2002 - LA)

James Proffitt, Special Administrator of the Estate of William R. Woodall v. Dean R. Ridgway, et al.

This suit under 42 U.S.C. sec. 1983 charges excessive force, resulting in death, in the efforts by defendant Ridgway, a police officer in the City of Pana, Illinois, and defendant Lykins, a private citizen who assisted the officer, to subdue Woodall, the plaintiff's decedent. The suit also charges deliberate indifference by Ridgway to Woodall's safety in failing to confine him securely t... More...   $0 (02-01-2002 - IL)

DeAnn Tolan v. Gary Kimball

1. DeAnn Tolan and Gary Kimball began dating in 1989. In April 1990 Tolan purchased, with the title issued in her name only, a single-family house on Ruth Drive in Wasilla. According to Kimball, the Ruth Drive house was purchased with the intention that Tolan and Kimball would share the home; accordingly he gave Tolan approximately $3,600 toward the down payment and closing costs of the ... More...   $0 (10-19-2001 - AK)

Albert L. Ransom v. Phyllis Bebernitz, et al.

This appeal arises from a dispute among great great grandchildren over their respective rights to a certain tract of land conveyed by an 1882 probate decree according to the terms of their great great grandfather's will. Defendants, members of the Anderson family, appeal the Rutland Superior Court's judgment that plaintiff has a 9/31 interest in the subject land, and the court'... More...   $0 (08-24-2001 - VT)

Equal Employment Opportunity Commission v. Inidana Bell Telephone Company, et al.

The defendants, Indiana Bell Telephone Co., doing business as Ameritech Indiana, and Ameritech Corp. (collectively referred to as "Ameritech") appeal the judgment entered against them following a jury trial in the United States District Court for the Southern District of Indiana. The defendants contend that the evidence presented at trial was insufficient to support the jury's verdict. I... More...   $0 (06-27-2001 - IN)

Appellees, Mayme Curry Wade, ShermanWade, Bishop Curry, Cynthia Moore, Veronica Stitt, Alton Stitt, Jr., and Alton Stitt, Sr. ("the heirs"), are owners of a forty-acre tract in Lafayette County. The heirs sued appellant, Daniel Dillard, owner of a two-thirds interest in the timber on the tract, alleging that Dillard wrongfully clear-cut and sold all of the timber on the property. A jury awarded th... More...   $41595 (05-23-2001 - AR)

LeMay v. Hardin

Mr. Doyal Lemay brought an action in partition for real property located at 10900 East 97th Terrace, Kansas City, Jackson County, Missouri. Mr. Lemay and Ms. Esther G. Hardin entered a real estate contract, and both parties' names appeared on the recorded deed as joint tenants with the right of survivorship. Several years ago, they had a social relationship, but they separated, and Mr. Lemay event... More...   $0 (05-22-2001 - MO)

Schwartz v. Kunze

In the case before us, Hal Jarvis Kunze, Delores Kunze, and Darcy D. Kunze appeal the judgment of the trial court against them for the cost of repairs to a partition fence and the award of attorney fees.

Jerry Schwartz owns a parcel of land and the Kunzes own the adjoining parcel to the east. A partition fence running south to north divides the two properties. Fancy Creek runs west to east ... More...   $0 (05-04-2001 - KS)

Meredith Herbert v. Julie M. Kimura

Action for partition of real property. Defendant claimed that plaintiff acquired his interest in the property as a result of undue influence. The sole issue tried to the court with an advisory jury was whether the deed from defendant to plaintiff resulted from undue influence.... More...   $0 (09-20-2000 - AZ)

K&K Jump Start/Chargers, Inc. v. Schumacher Electric Corporation

Patent Infringement Claim - Licensee of patent sued competitor for infringement. Defendant claimed that it used a bar instead of a partition to achieve the desired result and that its product did not infringe.... More...   $0 (06-07-2000 - MO)

Betty Lou Mayes v. Louella Stewart

Fraud - Conspiracy - Breach of Fiduciary Duty - Partition of Property - This is a three-cornered claim over the proceeds of a winning Texas lottery ticket.

On May 1, 1993, Mrs. Stewart's then husband, Mr. Bill Stewart purchased a lottery ticket, and won $3.5 million. At that time, Mrs. Stewart, who was living in New York, and Mr. Stewart were separated. Realizing that he would have to share th... More...   $1835734 (01-27-2000 - TX)

Vern Boyd v. Marvin Lollar

This case arose out of a dispute between adjacent landowners over a partition fence and adjacent hedge, which divides the neighboring properties. The parties disagreed over whether the fence or the hedge constituted the boundary. Lollar wanted to remove the hedge. Boyd wanted the hedge to remain intact. After numerous unsuccessful attempts to reach an agreement, the appellant Lollar went ahea... More...   $1001 (02-02-1999 - MO)

Marleen Kovalchik Barnett v. Dora Ernestine Luck Barnett, et al.

The Wife and Christopher were married August 19, 1989. Christopher died on January 24, 1994. At the time of his death, the Wife and Christopher were separated and in the midst of a divorce proceeding. The divorce was characterized by allegations of cruelty, excessive drinking, and adultery. During the pendency of the divorce, Christopher executed a will naming the Mother as principal devisee... More...   $29900 (12-21-1998 - TX)

Richard and Paula Gensemer v. Macy and Clare Hallock

In the early 1960s, appellants Hallock, appellees Gensemer, and another individual, Mel Gerspacher, jointly purchased several parcels of commercial real estate with the intended purpose of leasing it to other businesses. They incorporated their enterprise under the name GerHalGen, Inc., and proceeded to function under this ownership arrangement for approximately ten years. In the early... More...   $0 (12-31-1997 - OH)

Harold David Simons, etc. v. Sandra C. Katz, Esq.

Defamation - The alleged defamatory statement, contained in a letter written by defendant, an attorney, while representing a client in a partition action against plaintiff, to a nonparty tenant occupying the apartment owned by plaintiff and defendant's client, and not otherwise published, that "[i]t appears that [plaintiff] has merely been pocketing your rental payments". The plaintiff brought th... More...   $0 (11-03-1997 - NY)

Federal Land Bank of Wichita v. Jess L. Burris

ΒΆ1 This Court must now decide whether the state courts of Oklahoma have jurisdiction to foreclose on approved mortgages of restricted Indian land. The issue, one of first impression here, is critical not only to lenders who have accepted mortgages on restricted Indian land but also to individual Indians who would borrow money, using as security their restricted Indian land. Our conclusion is that... More...   $0 (02-06-1990 - OK)

Nellie M. Michael v. Laurie E. Needham

This appeal arises out of a dispute between owners of adjoining tracts of land over the alleged existence of a right of way of necessity claimed by the owner of a "landlocked" property, Nellie M. Michael, appellant, over the tract of land owned by the appellee, Laurie E. Needham.

The dispute had its origin in the fact that prior to September 22, 1931 one Raleigh Sherman was the owner of two... More...
   $0 (04-14-1978 - MD)

R.K. Comstock v. O.T. Little

ΒΆ1 This action was instituted April 24, 1957, by O.T. Little and his wife (plaintiffs) against R.K. Comstock and his wife (defendants) seeking a permanent injunction enjoining the defendants from removing a "partition" fence dividing the lands of the respective parties and from coming on the land of plaintiffs and erecting another fence north of the alleged division fence. Reference will be made ... More...   $0 (02-21-1961 - OK)

McIlroy v. Fugitt

This suit originated in an action by the First National Bank of Fayetteville against Kate Fugitt, E. C. Fugitt, J. H. McIlroy, and J. H. McIlroy as trustee. The Fugitts had executed to the bank a note securing a debt of $17,000, one note for $15,000 and two notes for $1,000 each. These last two notes had been assigned by the bank without recourse to McIlroy with the understanding that they were i... More...   $0 (01-19-1931 - AR)

Treena A. Wirthers v. Marc J. Jepsen

ΒΆ1 Marc J. Jepsen appeals from the district court's final order granting summary judgment to Treena A. Withers in this action for partition of jointly owned real property. The district court determined that the property could not be equitably divided into parcels. Accordingly, it ordered that the property be sold and the net proceeds, after retirement of the mortgage, be divided equally between t... More...   $0 (11-30--0001 - UT)

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AK Morlan
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