Court of Appeals of Ohio, Seventh District, Belmont
Appeal from Court of Common Pleas of Belmont County, Ohio
Case No. 13CV0244
Plaintiffs-Appellees Attorney David E. Butz, Attorney Matthew
Defendants-Appellants Attorney Stephen R. McCann Attorney
Travis M. Jones
Gene Donofrio Hon. Cheryl L. Waite Hon. Carol Ann Robb
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.
The parties have stipulated to the facts of this case as
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.
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.
In 1974, the Crooks retained an interest in the oil and gas
rights underlying the Real Estate in a warranty deed to James
In June 1991, James Haren transferred his interest in the
Real Estate to Marcia Haren.
In 1998, appellees acquired the Real Estate by way of a
warranty deed from Marcia Haren.
On January 27, 2011, appellees published a Notice of
Abandonment in a newspaper of general circulation in Belmont
Sarah Hanlon, Ruth Frye, Edna Speece, Betty Wingrove, and
Mary King are the daughters and ...