Martin v. Martin

775 So. 2d 197, 1998 Ala. Civ. App. LEXIS 584, 1998 WL 456370
CourtCourt of Civil Appeals of Alabama
DecidedAugust 7, 1998
Docket2970032
StatusPublished
Cited by1 cases

This text of 775 So. 2d 197 (Martin v. Martin) is published on Counsel Stack Legal Research, covering Court of Civil Appeals of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Martin v. Martin, 775 So. 2d 197, 1998 Ala. Civ. App. LEXIS 584, 1998 WL 456370 (Ala. Ct. App. 1998).

Opinions

On Application For Rehearing

YATES, Judge.

This court’s opinion of February 20, 1998, is withdrawn, and the following is substituted therefor.

On March 15, 1996, James Ruben Martin (“Martin”) petitioned for a sale and division of .43 acres of commercial property that he jointly owned with his mother, Marjorie I. Martin n/k/a Marjorie Martin Hannah (“Hannah”), and his brother, Michael Edward Martin. The property was leased to Carl West, who was also named as a defendant. Martin alleged conversion, stating that Hannah had converted to her own use monies generated from West’s lease. Martin asked the court to order a sale of the property; an accounting and division of the monies derived from the leased property from June 1979 to March 1996; and an award of an attorney fee. He alleged that he, his mother, and his brother, as cotenants, each had a one-third interest in the property.

Following ore tenus proceedings on June 10, 1997, the court made the following findings:

“In 1976 attorneys included a wife’s name on deeds as a matter of course when a husband conveyed property. This was true even if the wife’s name was not on the original deed and was intended to safeguard against a failure to convey a dower interest.
“In this case, Marjorie I. Martin received her interest, not as William Howard Martin’s wife, but on her own. Ms. Martin’s (Hannah’s) testimony establishes that the only interest being conveyed in 1976 was her husband’s. [199]*199Therefore, this court concludes that the 1976 deed only conveyed William Howard Martin’s ½ interest.
“Since this is the case, the interests pursuant to the 1976 deed are as follows: Marjorie I. Martin (Hannah) — 2/3, James Ruben Martin — 1/6, and Michael Edward Martin — 1/6.”

The court, “per the appraisal testimony of Ed Tillman,” established the value of the property to be $30,000 and ordered the sale, with the cotenants having the first opportunity to buy out the interest of the other cotenants. As to Martin’s request for an accounting, the court found:

“In May, 1995, the plaintiff demanded that Ms. Martin (Hannah) give him ⅓ of the rental income. She gave him $100 per month in September, October, November, and December, 1995.
“The Plaintiff, James Ruben Martin, has never paid any portion of the taxes on the property nor has he paid for any upkeep or maintenance. He lived in his mother’s home and was supported by her until 1993 when he was 25 and ½ years old and got married.
“This court finds that the Plaintiff received at least [what he was entitled to], if not more, of the rent proceeds over the years that he was supported by his mother from her income and income received from renting the property. The Plaintiff is not entitled to any more money from his mother, Marjorie I. Martin (Hannah).”

On July 7, 1997, Martin filed a post-judgment motion attacking the court’s allocation of interests, the appraised value of the property, the denial of an attorney fee, and the court’s failure to award him money allegedly owed to him under West’s lease of the property. The court denied Martin’s motion and this appeal followed.1 This case was transferred to this court by the supreme court, pursuant to § 12-2-7(6), Ala. Code 1975.

Under the ore tenus rule, a presumption of correctness exists as to the trial court’s findings of fact. The trial court’s judgment will not be disturbed unless it is clearly erroneous, without supporting evidence, manifestly unjust, or clearly against the weight of the evidence. Griggs v. Driftwood Landing, Inc., 620 So.2d 582, 586 (Ala.1993). Further, the trial court’s judgment must be affirmed unless it can be shown that it is plainly and palpably erroneous. Lindy Homes, Inc. v. Evans Supply Co., 357 So.2d 996, 998 (Ala.Civ.App.1978).

The record shows the history of the subject property to be as follows: Carl J. Cook and Jean Cook conveyed the property to William Howard Martin (hereinafter referred to as “the father”) and Marjorie I. Martin (Hannah) on April 4, 1973. Both are referred to as grantees on the 1973 deed. Before their divorce in 1976, the father and Hannah executed a deed conveying the subject property and another piece of property to Hannah and their two sons, James Ruben and Michael Edward.

The father testified that he could not read and did not know that his wife was lk owner of the property. He stated that he did not know that his wife’s name was on the 1973 deed and that he had thought that he was the sole owner of the property. He further testified that the 1976 deed was signed when he and Hannah were contemplating divorce. The father stated that he had wanted his sons to have the subject property, along with the farm land he owned, when they came of age. He also stated that he thought Hannah was going to take care of the property until the sons turned 21 and that the rental income would be put into a trust fund.

Hannah testified that when the property was conveyed in 1973, she owned a one-[200]*200half interest. She stated that she did not have any intention of deeding any of her interest in the property. Further, she stated that there had been no discussion about how the deed was to be prepared, but that the father had told her that he was going to give “his share” to the sons. She also testified that she had told Martin that he was part owner and that his name was on the deed.

Hannah testified that she had received approximately $400 per month in rent on West’s lease, which became effective in June 1980.2 Hannah stated that she had been the only person who had maintained the property since the divorce. This included paying all expenses, taxes, and costs of renovations. She further testified that she had given Martin a total of $400 from September to December 1995 to help with the arrival of his new baby and to help him out, but that this amount in no way meant that she owed either of her sons any money from the property. It was not until May 1995 that Martin requested a portion of the rent.

Michael Edward Martin testified that beginning around the age of 12 he knew that he was a part owner of the property. He stated that his brother was aware of this fact as well. Michael testified that he and his brother were not responsible for any taxes or other costs on the property and that he did not know anything about a trust fund. He further testified that he had never seen the deed, but always knew that his name was on it. He said he thought that he would receive the property after his parents died.

Martin testified that he had lived with his mother until he was 25 years old and married. He said he knew that Hannah owned the property and rented it out, but that he did not know that his name was on the deed. He stated that while growing up he had heard conflicting stories about the property, that his father had told him to “go check the property out,” and that his mother had told him that he and his brother would get the property when she died. Martin stated that he never saw the deed before 1995 and that it was at that time that he had requested of the rental income from his mother.

Martin contends that the court incorrectly apportioned the interests of each co-tenant. We disagree.

The court found that Hannah owned a $ interest in the property before the 1976 conveyance.

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Related

Ex Parte Martin
775 So. 2d 202 (Supreme Court of Alabama, 2000)

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Bluebook (online)
775 So. 2d 197, 1998 Ala. Civ. App. LEXIS 584, 1998 WL 456370, Counsel Stack Legal Research, https://law.counselstack.com/opinion/martin-v-martin-alacivapp-1998.