02/15/2022

Case Caption Case No. Topics and Issues Author Citation
02/15/2022 Case Announcements  Merit decisions without opinions—Motion and procedural rulings—Appeals accepted for review—Appeals not accepted for review—Reconsideration of prior decisions.  
02/15/2022 Case Announcements #2  Merit decisions with opinions—Mediation matters.  
Peppertree Farms, L.L.C. v. Thonen 2020-0812Property law—Conveyance of oil and gas interests—Dormant Mineral Act, R.C. 5301.56—Marketable Title Act, R.C. 5301.47 et seq.—Under common law applicable to quiet-title action, conveyance of real property had to include words of inheritance for grantor to pass on, or to retain part of, a fee-simple absolute interest in the land—If conveyance did not include words of inheritance, then grantee received, or grantor retained, only a life estate in the land—Marketable Title Act and Dormant Mineral Act provide independent, alternative statutory mechanisms that may be used to reunite severed mineral interests with the surface property subject to those interests—Court of appeals’ judgment affirmed in part and reversed in part, and cause remanded to the trial court.Kennedy, J.Slip Opinion No. 2022-Ohio-395
Peppertree Farms, L.L.C. v. Thonen 2020-0814Property law—Conveyance of oil and gas interests—Dormant Mineral Act, R.C. 5301.56—Marketable Title Act, R.C. 5301.47 et seq.—Recorded title transactions—Under common law applicable to quiet-title action, conveyance of real property had to include words of inheritance for grantor to pass on, or to retain part of, a fee-simple absolute interest in the land—If conveyance did not include words of inheritance, then grantee received, or grantor retained, only a life estate in the land—Marketable Title Act and Dormant Mineral Act provide independent, alternative statutory mechanisms that may be used to reunite severed mineral interests with the surface property subject to those interests—A will that does not distribute the decedent’s oil and gas rights does not affect title and is not a recorded title transaction that prevents those rights from being extinguished by the Marketable Title Act—Court of appeals’ judgment affirmed.Kennedy, J.Slip Opinion No. 2022-Ohio-396