O'Neal v. Love

2015 Ark. App. 689, 476 S.W.3d 846, 2015 Ark. App. LEXIS 776
CourtCourt of Appeals of Arkansas
DecidedDecember 2, 2015
DocketCV-15-583
StatusPublished
Cited by5 cases

This text of 2015 Ark. App. 689 (O'Neal v. Love) is published on Counsel Stack Legal Research, covering Court of Appeals of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
O'Neal v. Love, 2015 Ark. App. 689, 476 S.W.3d 846, 2015 Ark. App. LEXIS 776 (Ark. Ct. App. 2015).

Opinion

PHILLIP T. WHITEAKER, Judge

| Adrianne O’Neal appeals a Pulaski County Circuit Court order declaring her a tenant in common with Ethel Love and quieting title to certain real property in Pulaski County, Arkansas. Ethel Love cross-appeals that same order. Because the trial court committed an error of law in declaring the parties to be tenants in common and in quieting title in both parties, we reverse and remand for reconsideration, on both direct and cross-appeal, the order quieting title. However, we affirm on cross-appeal the trial court’s evidentia-ry rulings.

A brief review of the facts is necessary. The property subject to this lawsuit is located in Pulaski County, Arkansas. Adrianne and Ethel each purports to have obtained sole title to the property through separate conveyances from either Herbert Love or Gloria Love, while Herbert and Gloria were married. Adrianne, the daughter of Herbert and Gloria, purports |ato have obtained her title to the property from Gloria. Ethel, Herbert’s sister, purports to have obtained her title to the property from Herbert.

Initially, the property was owned by Herbert, individually. In 1995, Herbert and Gloria executed a warranty deed from themselves as grantors to themselves as grantees. The 1995 Warranty Deed specifically designated Herbert and Gloria as husband - and wife in their capacity as grantors. There was no such designation in their capacity as grantees. Athough the deed was executed in 1995, it was not recorded at that time. 1

On July 1,1999, while Herbert was married to Gloria, Herbert conveyed a quitclaim deed to Ethel. 2 Subsequently, Ethel lived with Herbert on the property, paid taxes and insurance thereon, and made some - improvements thereto. Herbert died in 2004. 3 After his death, Ethel remained on the property.

In June 2014, Gloria conveyed a quitclaim deed to Adrianne. Adrianne immediately sent Ethel a notice to vacate. Ethel refused.

Upon Ethel’s refusal to vacate, the current litigation began. Adrianne filed an action for unlawful detainer against Ethel. Ethel answered, denied the complaint, and raised multiple |sdefenses: (1) title to the property, (2) color of title plus payment of taxes on the property for the last ten years, (3) title to the property through adverse possession,. (4) Adrianne’s claim had been improperly made more than five years after her predecessor’s claim arose and that Gloria had no interest in the property to deed to Adrianne, (5) the statute of limitations on Adrianne’s unlawful detainer action had run, and (6) she was a good-faith purchaser of the property for value because she made a payment on the property for Herbert to keep it from foreclosure. Ethel filed a counterclaim seeking to quiet title, alleging (1) fee simple ownership by exclusive possession under a claim of right and payment of taxes since 1999; (2) adverse possession since 1999; and (3) that Gloria had abandoned any homestead rights or dower interest in the property by failing to assert them within the applicable limitations period. 4 Adrianne responded by denying the counterclaim.

The claims of both parties proceeded to a bench trial on February 12, 2015. 5 During the course of the trial, Adrianne introduced, over the objection of Ethel, an “affidavit” dated June 29, 1995, from Herbert Love stating his intent that his wife, Gloria, own the house and “no other person.” Adrianne also introduced, over the objection of Ethel, the 1995 Warranty Deed. At the conclusion of the hearing, the trial court made the following findings of fact and conclusions of law:

| .Herbert Love was the sole owner, prior to 1995, of the subject property. In 1995 he and Gloria Love signed a deed to themselves that, although it recited that they were married, did not deed the property to themselves as tenants by the entireties. Therefore, the 1995 deed created a tenants in common title between the married couple. In 1999, Herbert Love deeded his one-half interest to [Ethel] by virtue of a deed that was admitted into evidence. While that deed contains a legal description that gives' only Lot 7 to [Ethel], the Court finds that the deed should be reformed to refer to Lots 7 and 8, based upon the inclusion of the street address in the deed. In 2004, Herbert died. In 2014, Gloria deeded her one-half interest in the property to [Adrianne]. Since June 26, 2014, [Ethel] and [Adrianne] have been tenants in common with equal shares with respect to the subject property, and the Court amends both parties’ pleadings to conform with the facts which the Court finds in this paragraph.

Based on these findings, the trial court quieted title in the property to Ethel and Adrianne as tenants in common with equal shares to the property. All other'claims of the parties were denied and dismissed with prejudice.

Adrianne appeals the trial court’s order quieting title, arguing that the trial court erred in declaring that the 1995 Warranty Deed between Herbert and Gloria Love, husband and wife, (Grantors) and Herbert and Gloria Love (Grantee) created a tenancy in common, rather than a tenancy by the entirety. She then contends that, because the trial court erred in finding that the 1995 Warranty Deed created a tenancy in comimon, the trial court’s denial, of her claim for unlawful detainer was erroneous. Finally, she argues that, even if the trial court was correct in finding that a tenancy in common was created, the trial court erred in reforming the 1999 Quitclaim Deed from Herbert to Ethel to include both Lots 7 and 8.

Ethel cross-appeals the trial court’s order quieting title, arguing that the trial court erred in giving any legal effect to the' 1995 Warranty Deed when it was not filed of record until after the 1999 Quitclaim Deed was recorded and after the complaint for unlawful ^detainer was filed. Ethel appears to argue that she was a bona fide or good faith purchaser for valué without notice of the 1995 Warranty Deed and that the statute of limitations ran on Adrianne’s claim. Finally, she claims that the trial court erred in allowing admission of the 1995 “affidavit” or'‘(letter” into evidence regarding Herbert’s wishes regarding the property.

All of the issues in this case, except the last evidentiary issue on cross-appeal, hinge on the trial court’s decision regarding the legal effect of the 1995 Warranty Deed from Herbert and Gloria Love, husband and wife, to Herbert and Gloria Love. Thus, we examine it first.

This court reviews adverse-possession and. quiet-title actions de novo-on the record and will not reverse a finding of fact by the trial court unless it is clearly erroneous. Morrison v. Carruth, 2015 Ark. App. 224, at 2, 459 S.W.3d 317, 319; Parkerson v. Brown, 2013 Ark. App. 718, 430 S.W.3d 864. In reviewing a trial court’s findings of fact, this court gives due deference to that court’s superior position to determine the credibility of the witnesses and the weight to be accorded them testimony. Strother v. Mitchell, 2011 Ark. App. 224, 382 S.W.3d 741.

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Bluebook (online)
2015 Ark. App. 689, 476 S.W.3d 846, 2015 Ark. App. LEXIS 776, Counsel Stack Legal Research, https://law.counselstack.com/opinion/oneal-v-love-arkctapp-2015.