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Margaret Suermondt v. Duane M. Lowe et al

November 3, 2011

MARGARET SUERMONDT, PLAINTIFF-APPELLANT,
v.
DUANE M. LOWE ET AL., DEFENDANTS-APPELLEES.



Appeal from the Morgan County Court of Common Pleas, Case No. CV-02-104

The opinion of the court was delivered by: Hoffman, P.J.

Cite as Suermondt v. Lowe,

CHARACTER OF PROCEEDING:

JUDGMENT:

DATE OF JUDGMENT ENTRY:

JUDGES: Hon. William B. Hoffman, P.J. Hon. Sheila G. Farmer, J. Hon. Julie A. Edwards, J.

OPINION

Affirmed

{¶1} Plaintiff-appellant Margaret Suermondt appeals the August 23, 2010 Decision: Judgment Entry of the Morgan County Court of Common Pleas, which rendered judgment in favor of defendants-appellees Duane M. Lowe et al. and against Appellant, following this Court's remand in Suermondt v. Lowe, Morgan App. No. 05-11, 2006-Ohio-224.

STATEMENT OF THE FACTS AND CASE

{¶2} On July 9, 2002, Appellant filed an action against her uncle, Appellee Duane M. Lowe and his wife, Appellee Carol Sue Lowe. Therein, Appellant asserted she was entitled to recover certain real property, known as "the 18-acre tract," which was formerly part of the "Gregg Farm." Appellant sought to quiet title to the 18-acre tract and sought other relief, including an order requiring Appellees to vacate the tract. Appellees filed a counterclaim, contending if Appellant prevailed, they would be entitled to a portion of the purchase price paid by Appellant, specifically $25,000, as reasonable compensation for their 18 acres.

{¶3} The trial court conducted a one-day trial to the bench on October 21, 2004. The following evidence was adduced.

{¶4} Mildred Lowe, now deceased, was the grandmother of Appellant and the mother of Appellee Duane Lowe. Mildred Lowe was the owner of the "Gregg Farm" which consisted of approximately 204 acres. On or about October 1, 1991, Mildred Lowe gave a written option to purchase real estate to Appellant. This option granted Appellant the exclusive right to purchase the Gregg Farm for the price of $150,000. The Gregg Farm was described in the option to purchase, and by its express terms, the option could not be exercised prior to the expiration of six months following the death of Mildred Lowe. The option was filed for record with the Morgan County Recorder almost 6 years later on May 8, 1997, at 10:05 A.M.

{ΒΆ5} Also, on May 8 1997, Mildred Lowe entered into a written contract for sale of real estate with Appellee Duane Lowe, whereby Mildred Lowe agreed to sell a portion of the Gregg Farm to Appellees, which was described by reference to landmarks and not by precise metes and bounds. This property was referred to as the "18-acre tract" throughout this action. ...


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