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Sarchet v. Sarchet

Court of Appeals of Ohio, Fifth District, Guernsey

June 7, 2017

JAMES E. SARCHET, JR., et al. Plaintiffs-Appellees
v.
THOMAS A. SARCHET, et al. Defendants-Appellants

         Civil Appeal from the Court of Common Pleas, Case No. 15 CV 346.

          For Plaintiff-Appellees STEPHEN C. HEINE

          For Defendant-Appellants STEPHANIE L. CHURCH TRIBBIE, PLUMMER, CHURCH & LAPLANTE

          JUDGES: Hon. W. Scott Gwin, P. J. Hon. John W. Wise, J. Hon. Earle E. Wise, Jr., J.

          OPINION

          Wise, John, J.

         {¶1} Defendants-Appellants Thomas A. Sarchet and Carolyn Sarchet appeal the decision of the Guernsey County Court of Common Pleas which granted summary judgment in favor of Plaintiffs-Appellees James E. Sarchet, Jr. and Kelly J. Sarchet.

         STATEMENT OF THE FACTS AND CASE

         {¶2} The relevant facts are as follows:

         {¶3} Harold E. Sarchet had two sons: James E. Sarchet and Thomas A. Sarchet, the Appellant herein.

         {¶4} James E. Sarchet, Jr. is the son of James E. Sarchet and Louise A. Sarchet.

         {¶5} On March 29, 1983, Harold E. Sarchet transferred 96 acres in Guernsey County, Ohio, to his son James E. Sarchet and his then wife, Louise A Sarchet. Said deed was recorded in Guernsey County Deed Volume 353, Page 458. The deed contained two (2) reservations:

         {¶6} "The Grantor does further except and reserve all of the minerals and mineral rights in and underlying the above described premises."

         {¶7} "The Grantor does hereby except and reserve a life estate in and to the real estate above described for and during his natural lifetime."

         {¶8} Subsequently, by Warranty Deed dated August 21, 2001, Harold E. Sarchet conveyed to his other son, Thomas A. Sarchet, (TRACT FOUR) all minerals and mineral rights under the following described tract as conveyed by deed recorded in Volume 353, Page 458, Deed Records of Guernsey County, Ohio.

         {¶9} On September 3, 2009, Appellant Thomas Sarchet and his father, Harold E. Sarchet, entered into a Timber Sale Contract which is recorded at ...


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