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Greer v. Frye

Court of Appeals of Ohio, Seventh District, Belmont

May 30, 2017

RALPH GREER, ET AL., PLAINTIFFS-APPELLEES,
v.
RUTH D. FRYE, ET AL., DEFENDANTS-APPELLANTS.

         Civil Appeal from Court of Common Pleas of Belmont County, Ohio Case No. 13CV0244

          For Plaintiffs-Appellees Attorney David E. Butz, Attorney Matthew W. Onest

          For Defendants-Appellants Attorney Stephen R. McCann Attorney Travis M. Jones

          Hon. Gene Donofrio Hon. Cheryl L. Waite Hon. Carol Ann Robb

          OPINION

          DONOFRIO, J.

         {¶1} Defendant-appellants, Ruth Frye, C. Dale Bunting, Melodie Hendershot, Herman Speece, and Scott King, appeal from a Belmont County Common Pleas Court judgment granting summary judgment to plaintiffs-appellees, Ralph and Sharley Greer, on appellees' claim for a declaratory judgment finding that certain mineral interests had vested with appellees.

         {¶2} The parties have stipulated to the facts of this case as follows.

         {¶3} Appellees are the owners of three tracts of land in Belmont County, collectively referred to as the "Real Estate." The "First Tract, " "Second Tract, " and "Third Tract" each constitute approximately 20 acres for a total of approximately 60 acres.

         {¶4} In 1937, Roy and Goldie Crooks acquired the Third Tract's surface rights and one-half of its oil and gas rights. That same year, the Crooks acquired the First and Second Tract's surface rights and their oil and gas rights.

         {¶5} In 1974, the Crooks retained an interest in the oil and gas rights underlying the Real Estate in a warranty deed to James Haren.

         {¶6} In June 1991, James Haren transferred his interest in the Real Estate to Marcia Haren.

         {¶7} In 1998, appellees acquired the Real Estate by way of a warranty deed from Marcia Haren.

         {¶8} On January 27, 2011, appellees published a Notice of Abandonment in a newspaper of general circulation in Belmont County.

         {¶9} Sarah Hanlon, Ruth Frye, Edna Speece, Betty Wingrove, and Mary King are the daughters and ...


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