Courtland Realty Associates v. Nash

984 F. Supp. 2d 575, 2013 WL 6158484, 2013 U.S. Dist. LEXIS 166873
CourtDistrict Court, W.D. Virginia
DecidedNovember 25, 2013
DocketCase No. 6:13-CV-00022
StatusPublished

This text of 984 F. Supp. 2d 575 (Courtland Realty Associates v. Nash) is published on Counsel Stack Legal Research, covering District Court, W.D. Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Courtland Realty Associates v. Nash, 984 F. Supp. 2d 575, 2013 WL 6158484, 2013 U.S. Dist. LEXIS 166873 (W.D. Va. 2013).

Opinion

MEMORANDUM OPINION

NORMAN K. MOON, District Judge.

Plaintiff Courtland Realty Associates (“Plaintiff’) filed this action against the Nash Defendants and the United States of America, seeking a declaratory judgment to quiet title to a 100.6 parcel of real estate located in Appomattox County, Virginia. The Nash Defendants filed a motion to dismiss on March 29, 2013. In a July 9, 2013 order, I denied that motion to dismiss, finding that questions about ownership of the property remained.

A one-day bench trial took place on November 13, 2013. At trial, Plaintiff and the Nash Defendants contested three major issues: (1) whether - this Court had jurisdiction to determine the rights of the parties; (2) whether Plaintiff had conveyed its interest in the 100.6 acres in dispute during the sale following the 1970 partition suit; and (3) whether Plaintiff, in the alternative, had come to own the parcel in question through adverse possession. The United States of America did not, until filing their post-trial brief, assert a claim to the 100.6 acres in dispute, but rather sought a determination of the rights of the parties so as to insure a cloud of title did not arise over a separate, but related, conveyance of 179.82 acres. As explained in the findings of fact and conclusions of law set forth below, I find that Plaintiff did not convey its interest and therefore is the sole owner of the 100.6 acres in dispute, and that the United States of America has good title to its 179.82 acre parcel.

I. Background

The underlying dispute at the heart of this case arises out of land transfers dating back to the 1920s, and the present action has a complicated procedural history. In 1918, S.L. Ferguson acquired a parcel of land estimated to contain 925 acres in Appomattox County. In 1921, Ferguson conveyed an undivided one-half interest in the parcel to H.D. Flood. When H.D. Flood died intestate in 1921, his interest in the parcel passed to Boiling Byrd Flood (“Flood”) and Eleanor Faulconer Flood Schoellkopf (“Schoellkopf’) as his sole heirs at law. When S.L. Ferguson died, he devised all of his property, including his remaining one-half interest in the 925-acre parcel, to his wife, Adelia Ferguson, who died in 1956. The executors of her estate conveyed the Fergusons’ interest in the original parcel to Courtland Realty Company, Inc. Thus, by October 1969, Flood and Schoellkopf jointly owned a one-half undivided interest in the original parcel, and Courtland Realty Company, Inc. [578]*578owned the other- one-half undivided interest in the parcel, less any off conveyances.

On October 31, 1969, Flood and Schoellkopf filed suit in Appomattox Circuit Court to partition certain real estate, including a tract estimated to contain 416.12 acres, being the residue of the original 925-acre tract. The court appointed Special Commissioners to auction off the 416.12 acres. David S. Nash successfully bid on the portion of the 416.12 acres described as lying on the southeasterly side of U.S. Route 24 (the “Southeasterly Parcel”). By a deed dated November 2, 1970, the Special Commissioners conveyed to David and Marion Nash title to a parcel of real estate described as:

That certain tract or parcel of land, together with the privileges and appurtenances thereunto belonging, situate, lying, and being in Cloverhill Magisterial District of Appomattox County, Virginia, estimated to contain 140 acres, but this being a conveyance in gross and not by the acre, and being that part of a tract of land containing 416 acres, more or less, which lies on the southeasterly side of U.S. Highway No. 24, but having no frontage on said U.S. Highway No. 24.

At the auction, Courtland Realty Company, Inc. successfully bid on the portion described as lying on the northwesterly side of Route 24 (the “Northwesterly Parcel”). By a deed dated November 2, 1970, the Special Commissioners, at the direction of Courtland Realty Company, Inc., conveyed to Burruss Land and Lumber Company, Inc., title to a parcel of real estate described as:

That certain tract or parcel of land, together with the buildings and improvements thereon and the privileges and appurtenances thereunto belonging, situate, lying and being in Cloverhill Magisterial District of Appomattox County, Virginia, estimated to contain 275 acres, but this being a conveyance in gross and not by the acre, having a frontage of approximately 4,700 feet on the northwesterly line of U.S. Route No. 24, and extending back to the Appomattox River, and being all that part of a tract of land containing 416 acres, more or less, which lies on the northwesterly side of U.S. Route No. 24.

In 1994, David and Marion Nash conveyed by deed of gift to Gray Nash, Jeann Nash Amos, and James G. Amos (Jeann’s husband) the one-half undivided interest in the remaining 71 acres of the Southeasterly Parcel that David and Marion had received in the 1970 deed from the Special Commissioners. The Northwesterly Parcel also went through changes in ownership. After the recording of the 1970 deed, Burruss Land and Lumber Company, Inc. was merged into Boston/Lyme Timber Company, Inc. (a Delaware corporation), which changed its name to Burruss Timber Company, Inc. (also a Delaware corporation). Burruss Timber Company, Inc. conveyed the property by deed to Burruss Timber Associates (a Virginia limited partnership), which subsequently changed its name to Burruss Timber Associates, L.P. By a deed dated September 14, 1993, Burruss Timber Associates, L.P., after several off conveyances, conveyed the residue of the Northwesterly Parcel to the United States.

In August 2005, Courtland filed two complaints against the Nash Defendants in Appomattox County Circuit Court seeking to quiet title to a 100.6 acre parcel of land. A trial was held on August 4, 2006. On November 17, 2006, the circuit court issued a letter opinion that identified the source of the confusion regarding ownership of the 100.6 acre parcel. Discussing the partition of the 416-acre parcel in 1970, the court stated: [579]*579Several facts are undisputed. First, there is no single “tract of land containing 416 acres, more or less” on either the southeasterly or northwesterly side of U.S. Route No. 24. Secondly, there is no tract of land estimated to contain 140 acres on the southeasterly side. There is no tract of land estimated to contain 275 acres on the northwesterly side. There are three tracts of land — one 215 acre tract on the “northwesterly” [north] side, one 100 acre tract on the “southeasterly” [south] side, and one 100.6 acre tract on the south side. This total acreage — 415.6 acres in three separate parcels — is the “416 acres” referred to as “a tract containing 416 acres” in the two deeds

Thus, the specific description in the Nash deed is problematic. There are two 100 acre tracts [100 and 100.6] on the south side. The deed states the land conveyed is a “certain tract or parcel” which is part of a tract containing 416 acres on the south side. It is not clear whether one or two tracts are being conveyed because there is no tract matching the description. The description states the “part” and “a tract containing 416 acres” are on the south side. However, there are two “parts” on the south side and there are three tracts of land “containing 416 acres.”

Moreover, the description in the Burruss deed (a “275” acre tract “being all that part of a tract of land containing 416 acres, more or less, which lies on the northwesterly side of U.S. Route No. 24) is not clear.

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Bluebook (online)
984 F. Supp. 2d 575, 2013 WL 6158484, 2013 U.S. Dist. LEXIS 166873, Counsel Stack Legal Research, https://law.counselstack.com/opinion/courtland-realty-associates-v-nash-vawd-2013.