In the Matter of the Estate of Rayma Percell (Lohman v. Headley)

2012 UT App 337, 293 P.3d 380, 723 Utah Adv. Rep. 19, 2012 Utah App. LEXIS 352, 2012 WL 6050294
CourtCourt of Appeals of Utah
DecidedDecember 6, 2012
Docket20110651-CA
StatusPublished
Cited by3 cases

This text of 2012 UT App 337 (In the Matter of the Estate of Rayma Percell (Lohman v. Headley)) is published on Counsel Stack Legal Research, covering Court of Appeals of Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In the Matter of the Estate of Rayma Percell (Lohman v. Headley), 2012 UT App 337, 293 P.3d 380, 723 Utah Adv. Rep. 19, 2012 Utah App. LEXIS 352, 2012 WL 6050294 (Utah Ct. App. 2012).

Opinion

OPINION

THORNE, Judge:

T1 Galen Headley appeals from the district court's Order on Motion for Delivery of Property wherein the court determined ownership of property and ordered Headley to transfer certain pieces of property to Diana Lynn Lohman, the personal representative of the estate of Rayma Lynnette Percell. We affirm.

BACKGROUND

12 Headley and Percell began dating in 1991. Headley moved into Percell's home with her in 1992, which home she later conveyed into joint tenancy with Headley. Headley and Percell owned two other properties jointly. Percell solely owned an RV park called the Cadillac Ranch RV Park (the Cadillac Ranch) and Headley solely owned a company, Juanco Construction.

13 In 1995, Headley picked out a used 1975 Massey Ferguson 180 tractor that he and Percell agreed would be used to complete the construction of the Cadillac Ranch. On November 29, 1995, Percell signed a retail purchase order for the tractor, which lists Percell as the owner of the tractor. Percell made the initial payment of $3,950 with a personal check and the remaining *382 $10,000 with a cashier's check. Percell paid the taxes on the tractor from 1995-1997. Percell did not personally use the tractor or spend any more money for its general upkeep. Headley used the tractor both for work done at the Cadillac Ranch and with Juanco Construction. Headley paid for the insurance on the tractor for the years 1996, 1998, and 1999, and taxes since 2002.

14 In December 2009, Percell died. Loh-man, Percell's daughter, filed an application for informal probate and was appointed as personal representative in March 2010. In February 2011, Lohman filed a motion for delivery of property. Headley objected to the motion, claiming ownership of several of the listed items, including the tractor. The district court held a hearing wherein Headley testified that he had made payments to Per-cell for the tractor and that he believed the checks he gave to her were made to reimburse Percell for the money he borrowed from her to purchase the tractor. Headley also testified that he had paid the insurance and taxes on the tractor as well as all repair and maintenance costs. 1 The district court ruled that the tractor belongs to the Percell estate. Thereafter, the court ordered Head-ley to transfer the tractor to Lohman. Headley appeals.

ISSUE AND STANDARD OF REVIEW

T5 Headley argues that he rebutted the presumption of ownership created by a bill of sale by presenting legally relevant evidence of equitable ownership of the tractor that the district court failed to consider. "[When reviewing questions of fact, we defer to the trial court's findings and do not set them aside unless clearly erroneous." State v. Visser, 2001 UT App 215, ¶ 8, 31 P.3d 584.

ANALYSIS

T6 Headley claims that he presented legally relevant evidence of equitable ownership of the tractor sufficient to rebut the presumption of ownership. Headley maintains that Utah courts utilize nine factors in determining equitable ownership. He asserts that he presented sufficient evidence for each of those factors and that the district court erred by not considering all of the evidence.

17 Headley argues that the relevant factors, compiled from various cases, are as follows: (1) possession; (2) agreement or intent to purchase; (8) exclusive use; (4) payment or value exchanged; (5) title or application for title, if applicable; (6) insurance or application for insurance; (7) control; (8) bill of sale; and (9) third-party security interests. See Johnston v. Simpson, 621 P.2d 688 (Utah 1980); Dahl v. Prince, 119 Utah 556, 230 P.2d 328 (1951); Pacific Intermountain Express Co. v. State Tax Comm'n, 108 Utah 478, 161 P.2d 359 (1945); Jackson v. James, 97 Utah 41, 89 P.2d 235 (1939); Allstate Ins. Co. v. Liberty Mut. Ins. Grp., 868 P.2d 110 (Utah Ct.App.1994); Lake Philgas Serv. v. Valley Bank & Trust Co., 845 P.2d 951 (Utah Ct.App.1998). Headley argues that the district court "did not allow [Headley's] testimony regarding fourteen years of exelusive possession, use, and control-or the $27,648.32 that he spent on loan payments, repair, maintenance, insurance, and taxes-to rebut the presumption of ownership created by the Bill of Sale and initial expenditure of the purchase price." Headley further argues that the court failed to weigh evidence of Percell's relinquishment of ownership established by Percell's decision to stop paying taxes on the tractor in 1997, Percell's consent to allow Headley to use, repair, maintain or insure the tractor after its purchase while failing to do so herself, and Headley's own belief of ownership.

18 In support of his assertion that the district court did not consider the above evidence, Headley directs us to two sections of the transcript. The first tran-seript section contains opposing counsel's argument, wherein Headley asserts Loh-man's counsel asked the court not to weigh all of the evidence but to find for Lohman based on the existence of the bill of sale. The second section comprises the district court's oral ruling, in which Headley argues the court explained that, in determining ownership of the tractor, the court could not consider factors other than writings *383 and express directives. Neither section, however, demonstrates that the district court failed to consider all of the evidence. Instead, the transcript shows that opposing counsel merely asked the court to consider and interpret certain pieces of evidence in favor of Percell's ownership of the tractor. The district court's oral ruling and written order demonstrate that the court considered the evidence but weighed it differently than Headley. The district court's oral ruling is as follows:

[WJith respect to the tractor, ... the-the great weight of the evidence is that the initial, ... expenditure was by ... Percell and that it was for ... the use on her ranch, her property. Now this-this is not about what would be fair. It is not my responsibility to determine how good these people are, how well they treated ... Per-cell ... or even what she would want, if she were alive today. The question is I cam only consider her desire to the extent that they are expressed in her will. Otherwise they are irrelevant. I can only consider her intent with respect to what ... transactions she made, and made during her lifetime, and though I gave ... Head-ley several chances to tell me that he had a discussion with ... Percell about somehow him acquiring a share of ownership or all of ownership of that tractor, in fact, he never did say that there was [at] any time when he discussed the subject with her, and I'm forced to conclude that they mever ever talked about him becoming the owner.

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Bluebook (online)
2012 UT App 337, 293 P.3d 380, 723 Utah Adv. Rep. 19, 2012 Utah App. LEXIS 352, 2012 WL 6050294, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-matter-of-the-estate-of-rayma-percell-lohman-v-headley-utahctapp-2012.