BUY-SELL of elderly brothers’ ranch breached by buyers based on jury verdict, gift deed void based on jury finding of undue influence… buy-sell judicially rescinded, title to ranch quieted in favor of brothers… $150,000 jury award vacated because of rescission… Gilbert affirmed. [Read more…]
Easement, no further cattle trailing clarifications
EASEMENT: Judgment on remand sufficiently clear as to trailing cattle on road, requests by both parties for further clarification denied… Kutzman affirmed (memorandum). [Read more…]
Easement, rehearing of cattle trailing opinion denied
EASEMENT: Rehearing of cattle trailing opinion denied… order. [Read more…]
Easement, prescriptive for trailing cattle
EASEMENT: Defendants properly found to have prescriptive easement appurtenant to their Ranches over one road to trail cattle over Plaintiffs’ property (but limited to historical 200 cow-calf pairs, not 300), improperly found to have an easement over another road… Kutzman affirmed, reversed. [Read more…]
Water, pre-73 fishing pond, aerial photos
WATER: Claim of right to pre-73 fishing pond properly rejected based on aerial photos… Stradley/McElyea affirmed (memorandum). [Read more…]
Contract, disputed loan forgiveness, handwriting
CONTRACT: Loan to CPA education employee properly found forgiven in disputed forgiveness letter as consideration for assuming additional duties… Rienne McElyea affirmed (memorandum). [Read more…]
Title insurance, interests quitclaimed to trusts
TITLE INSURANCE lapsed after named insureds quitclaimed interests in property to trusts, no coverage of access claim by heirs… Cavan/Watters. [Read more…]
Cotenancy adverse possession
COTENANCY ADVERSE POSSESSION: Possessory cotenants established ownership of entire property (except minerals) by adverse possession after entry under color of title via a recorded deed that purported to convey entirety. . . Cybulski affirmed. [Read more…]
Truck dealership, good cause for termination
TRUCK DEALERSHIP: Good cause properly found for termination. . . Clerget/Souza affirmed. [Read more…]
Oral contract, remanufactured brakes entities
ORAL CONTRACT between remanufactured brakes entities not barred by statute of fraud, promissory estoppel properly submitted to jury which awarded Plaintiff $344,532 contract damages and Defendant $63,990.48 for inventory… Defendant properly denied costs for prevailing on counterclaim… Moses affirmed. [Read more…]