Court of Appeals of Ohio, Fifth District, Guernsey
JAMES E. SARCHET, JR., et al. Plaintiffs-Appellees
THOMAS A. SARCHET, et al. Defendants-Appellants
Appeal from the Court of Common Pleas, Case No. 15 CV 346.
Plaintiff-Appellees STEPHEN C. HEINE
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.
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.
OF THE FACTS AND CASE
The relevant facts are as follows:
Harold E. Sarchet had two sons: James E. Sarchet and Thomas
A. Sarchet, the Appellant herein.
James E. Sarchet, Jr. is the son of James E. Sarchet and
Louise A. Sarchet.
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:
"The Grantor does further except and reserve all of the
minerals and mineral rights in and underlying the above
"The Grantor does hereby except and reserve a life
estate in and to the real estate above described for and
during his natural lifetime."
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.
On September 3, 2009, Appellant Thomas Sarchet and his
father, Harold E. Sarchet, entered into a Timber Sale
Contract which is recorded at ...