Partition Law
 
COMMONWEALTH vs. KRISTOPHER GRIFFIN Case No. - SJC-11524

In the late evening or early morning of July 23 and 24, 2009, the defendant broke into the house where his six year old daughter lived with the defendant's former girl friend and slit his daughter's throat, causing her death.

1 Justices Spina and Duffly participated in the deliberation on this case prior to their retirem... More...
   $0 (11-04-2016 - )

Christy Allane Rodriguez v. The State of Texas

Rodriguez was charged by indictment alleging in relevant part that, “with intent to
assault, harass, or alarm,” she caused Denison police officer Holly Jenkins “to contact
[Rodriguez’s] saliva” while Jenkins was effecting Rodriguez’s arrest. See TEX. PENAL CODE
ANN. § 22.11(a)(2) (West Supp. 2015). The charge arose after Rodriguez spit on Jenkins
numerous times while Jenkins ... More...
   $0 (08-04-2016 - TX)

Romeo Longoria, et al. v. Exxon Mobil Corporation, et al.

In the underlying lawsuit, appellants claim that their ancestor, Jose M. Longoria, acquired
an undivided one-half interest in 9,200 acres of land in Brooks County, Texas, in the 1800s. In
their petition, appellants allege that Longoria’s ownership interest was not recognized in subsequent conveyances and judgments. Appellants further allege that the defendants,2 who either
hold or h... More...
   $0 (08-02-2016 - TX)

RICHARD LEWIS KATZIN, et al. v. UNITED STATES

This post-trial opinion addresses claims by plaintiffs Dr. Richard Lewis Katzin (“Dr. Katzin”), Mary Beth Katzin Simon (“Ms. Katzin”), and Rose Marie Kjeldsen Winters (“Ms. Winters”) that the United States (the “government”) interfered with their ownership rights to a parcel of land (“Parcel 4”) which overlooks the Atlantic Ocean on Culebra Island, Puerto Rico, and that the interference effected a... More...   $0 (07-16-2016 - DC)

State of Missouri ex rel. Attorney General Chris Koster and the Missouri Petroleum Storage Tank Insurance Fund Board of Directors vs. ConocoPhillips Company and Phillips 66 Company, and Cory Wagoner

On April 23, 2013, the Board filed suit against Phillips alleging that Phillips
improperly obtained reimbursement from the Fund. Wagoner moved to intervene as a
matter of right and, with that motion, Wagoner tendered a motion to dismiss the Board’s
suit for the court’s consideration should intervention be granted. On November 13, 2014,
the trial court entered an interlocutory... More...
   $0 (06-28-2016 - MO)

In the Matter of the Estate of Marion M. Kay Edward D. Sullivan, as Personal Representative of the Estate of Marion M. Kay v. Martha Brown and Mary Moses

This appeal arises out of Appellant's administration of the Estate of Marion Milam Kay who passed away on May 3, 2007. In her last will and testament, Kay appointed Appellant to serve as her personal representative (PR). As PR for the Estate, Appellant was charged with the responsibility of distributing Kay's assets, and in turn, Kay's will granted Appellant "reasonable compensation for the ser... More...   $0 (06-22-2016 - SC)

John Belork v. Robin Latimer, Davis Township Trustee and DMK&H Farms, Inc

Belork is the owner of real property in Starke County, Indiana, which he uses in
part to raise cattle. Jan Ferch is the owner of real property along the eastern
boundary of Belork’s property, and Ferch’s farming operation includes grain
production. DMK&H is the owner of real property along the southern
boundary of Belork’s property, and its farming operation includes grain More...
   $0 (05-06-2016 - IN)

Sharon Kay Wiley, et al. v. James Leslie Zachary, et al.

Walters, OK - Sharon Kay Wiley, et al. v. James Leslie Zachary, et al.

Issues

1. PARTITION SUIT

2. QUIET TITLE

Docket
Date Code Description Count Party Amount
04-18-2016

FILE AND ENTER PETITION

Document Available (#CJ-2016-00015~1) Download document in TIFF format.TIFF Download document in PDF format.PDF
$ 163.0... More...
   $0 (04-18-2016 - OK)

Larry Long and Woodbine Production Corporation v. Miken Oil, Inc. and Mike Tate

On September 1, 2000, Bonanza Production Company conveyed its interests in two oil and gas leases, known as the Young and Thrash leases, to Long and Tate. By this conveyance, Tate and Long purchased a seven-eighths interest in the two leases. The instrument expressly stated that the interests conveyed are to be divided equally between Tate and Long. Woodbine Production Corporation was the opera... More...   $0 (03-20-2016 - TX)

STATE OF IOWA vs. RANDALL LEE LAMOREUX

After being arrested, the defendant phoned an attorney and consulted with that attorney in a jail booking room. The room had visible audio and video monitoring. The attorney was aware of the audio and video systems and took no steps to disable them or request another room. We are asked to decide whether Iowa Code section 804.20 (2013) provides relief to the defendant under these circumstances. ... More...   $0 (02-21-2016 - IA)

STATE OF CONNECTICUT v. JACQUES LOUIS

The defendant, Jacques Louis, appeals from the judgment of conviction, rendered after a jury trial, of one count of conspiracy to commit robbery in the first degree with a deadly weapon in violation of General Statutes §§ 53a-48 (a)1 and 53a-134 (a) (2)2 and one count of conspiracy to commit robbery in the seconddegreeinviolationof§ 53a-48andGeneralStatutes (Rev. to 2011) § 53a-135 (a) (1).3 On ap... More...   $0 (02-01-2016 - CT)

State of Ohio v. Craig Myers

Craig Myers was an inmate at the Wood County Justice Center, awaiting
trial for the July 16, 2011 abduction and felonious assault of his former girlfriend. In
December of 2012, attorney William Hayes was appointed by the trial court to represent
Myers. He estimates that he was the fourth attorney appointed to Myers’ case.
{¶ 3} On February 21, 2013, after receiving numerous ... More...
   $0 (01-22-2016 - OH)

State of Tennessee v. Elvis Strickland

The defendant was indicted for aggravated arson as a result of his throwing a “Molotov cocktail” into Coda’s Liquor Store in Memphis, Tennessee, on May 31, 2013. Malvin Osborne testified that he was working as a clerk at Coda’s Liquor Store on the night in question when he received a complaint from a customer that caused him to go outside into the parking lot. Mr. Osborne observed the defendant ... More...   $0 (12-23-2015 - TN)

ESG Capital Partners II, LP, et al. v. Passport Special Opportunities Master Fund, LP, et al.

Non-party Timothy Burns formed ESG Capital Partners II, LP (the ―Partnership‖)
for a limited purpose. After raising money from investors, the Partnership would
purchase shares of stock of Facebook, Inc. before that company‘s then-anticipated initial
public offering. Preferably once Facebook had completed a successful IPO, the
Partnership would distribute to its inve... More...
   $0 (12-20-2015 - DE)

Memphis Bonding Company, Inc. v. Criminal Court of Tennessee 30th District, et al.

Memphis Bonding Company, Inc. (“MBC”) is a bail bond company doing
business in Shelby County, Tennessee. On February 23, 2015, MBC filed a sworn petition for injunctive relief and declaratory judgment in the chancery court of Shelby County, naming as defendants the Criminal Court of Tennessee for the Thirtieth Judicial District and each of its ten judges, who were named in their capacity as ... More...
   $0 (11-26-2015 - tn)

GLADNEY v. BUGHER

Prisoners in Indiana custody may not be deprived of good-time credits, Cochran v. Buss,
381 F.3d 637, 639 (7th Cir. 2004) (per curiam), or of credit-earning class, Montgomery v.
Anderson, 262 F.3d 641, 644-45 (7th Cir. 2001), without due process. The due process
requirement is satisfied with the issuance of advance written notice of the charges, a limited
opportunity to presen... More...
   $0 (11-21-2015 - IN)

Mark and D'Nella Sherbet v. Rafaella Bender

Appellants Mark and D’Nella Sherbet appeal from the trial court’s judgment in favor of appellee Rafaella Bender in this suit for partition of certain real property jointly owned by the Sherbets and Bender. In one issue, the Sherbets contend the trial court erred in ordering a partition by sale because Bender was estopped from filing her partition suit without first offering the Sherbets the right ... More...   $0 (11-16-2015 - TX)

David Loppi v. United Investors Life Insurance Co. et al

In 2003, Robert Loppi purchased a life insurance policy from United Investors Life
Insurance Co. (United Investors), in which, the parties agree, he initially named his wife,
Marilyn Loppi, as the beneficiary. In 2008, Marilyn2 filed for divorce from Robert. On July 19,
2008, Robert was served with the summons and complaint in that divorce action. However, on
July 17, 2008, ... More...
   $0 (11-16-2015 - NJ)

Harry Oliver Winkenhower v. George Allan Smith, independent executor of the Estate of Lyda Catherine Smith, Deceased

Appellant and appellee own real property in Bandera County. Appellee sued appellant seeking a partition of the property. Appellant filed a counterclaim seeking to enforce an oral agreement to convey the property into a family trust. Appellee filed a traditional and no-evidence motion for summary judgment on appellant’s counterclaims, which the trial court granted. The trial court later signed a De... More...   $0 (11-10-2015 - TX)

Toni Elizabeth Moore v. Dwayne Nelson Moore

Oklahoma City, OK - Toni Elizabeth Moore sued Dwayne Nelson Moore on a partition theory claiming:

1. Plaintiff is a resident of Oklahoma County.
2. Defendant, Dwayne Nelson Moore, is also a resident of Oklahoma County.
3. The parties were divorced in Oklahoma County District Court, Case
No.: FD-2001-530, on February 7, 2001. Among other provisions the Decree of Divorce provide... More...
   $0 (10-29-2015 - OK)

Sandra Saks, Lee Nick McFadin, III, and Margaret Landen Saks v. Broadway Coffeehouse LLC

This is the second appeal this court has considered involving: (1) the real property located at 5321 Broadway (“Property”); and (2) 5321 Broadway Partners, the Texas general partnership which owns equitable title to the Property (“Partnership”).
The first appeal addressed a challenge to a judgment entered in a probate proceeding confirming an arbitration award. The arbitration award resolved a... More...
   $0 (10-28-2015 - TX)

Ivarene and Victor Hosek v. Rosale Scott

Rosale Scott and Ivarene and Victor Hosek are parties to a partition deed partitioning the surface estate of 338.54 acres of land between them. Scott and the Hoseks disagree about the interpretation of the deed as it relates to the minerals under the land. The Hoseks sued Scott, and the trial court granted a partial summary judgment in Scott’s favor. Thereafter, the trial court held a hearing on t... More...   $0 (10-21-2015 - TX)

RUSSELL L. NEWHALL vs. MARCIA ELAINE NEWHALL ROLL

Appeal from the Iowa District Court for Hardin and Butler Counties, Gregg
R. Rosenbladt, Judge. Marcia Roll appeals the district court’s judgment ordering the land owned
by Roll and Russel Newhall to be partitioned by sale. Roll and Newhall were both gifted one parcel of land in Butler County and inherited another parcel in Hardin County, Iowa. The Butler County property is
315.3 ... More...
   $0 (10-18-2015 - IA)

Alice Ruth Peters, independent executrix for the Estate of Jo Alice Stout, et al v. Jerry Bob Young and wife, Karen Elaine Young

This is an appeal from a final judgment in which the trial court, based on the
jury’s answers, ordered Jo Alice Stout and Jack L. Stout1 to specifically perform
1Jack L. Stout and Jo Alice Stout died during the pendency of this suit. Alice Ruth Peters, the
independent executrix for the Estate of Jo Alice Stout, was substituted for Jo Alice Stout. The Estate of
Jack L. Stout was rep... More...
   $0 (10-08-2015 - TX)

Michael Bloom v. Sandra M. Swango

Michael Bloom appeals the probate court’s judgment declaring heirship, arguing in his first two issues that the probate court did not have jurisdiction to make a determination of heirship because Sandra M. Swango failed to allege and prove all the required statutory elements. In his third issue, Bloom contends that, because the probate court did not have jurisdiction, the probate court’s judgment ... More...   $0 (10-05-2015 - TX)

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