Hodge v. Wright
Court of Appeals of Oklahoma, Division I
January 16, 2019
YVONNE HODGE in her personal capacity and in her capacity as the Personal Representative for the Estate of LEROY HODGE, PB-2002-8, Plaintiff/Counter-Defendant/Appellant,
v.
SALLY WRIGHT, Defendant/Counter-Claimant/Appellee, and THE UNKNOWN HEIRS, EXECUTORS, ADMINISTRATORS, TRUSTEES and ASSIGNS, immediate and remote of MARY RONEY, Deceased; MARGARET BELL LIVELY, WILLIAM F. LIVELY, EARL LIVELY, ED LIVELY, LOLA AMELIA HAZEL MATHIAS, LALA ROBERTA PEDERSEN, DARREL MELVIN PEDERSEN, EARL MATHIAS, OAKIE C. WELLS, FRANCIS NELSON WELLS, FRANCIS J. WELLS, MARY BLANCHE WELLS, HAZEL LOUISE CAMPBELL, a/k/a HAZEL LOUISE SEIFERT, MASON A. CAMPBELL, RONALD SEIFERT, UILA WELLS, HONORA MONTANA, EUGENE PAUL PATRICK YOUNG, JOHN FRANCIS YOUNG, MIRANDA JANE BARTLETT, a/k/a JANE BARTLEY, a/k/a JANE BARTLETT, HERBERT L. BARTLETT, ANNA MAUD BARTLETT, JO AUMAN, LLOYD C. BARTLETT, GALEN LLOYD BARTLETT, EDNA HEITMOR, BONNIE DALE BARTLETT, GEORGE STRITZEL, AXIE PIPER, a/k/a AXIE PIFFER, RALPH W. PIPER, SAMUEL PARSONS JONES, KATHERINE E. DeLAND, a/k/a KITTIE DeLAND, CHARLES DeLAND, LILLIE G. DeLAND, ALBERT WHITE, ELLIOTT DeLAND, ELLA C. DeLAND, HAROLD BLAINE LOGAN, MANNING DOCK HANKINS, JOHN EDWARD LOGAN, LILLIAN OAK JONES, WILLIAM CLARK WEDDELL, LOTA AXIE WEDDLE, a/k/a LOTA COURAGE, DUNCAN COURAGE, O.A. KISTLER, CLINTON C. WEDDLE, AUDREY ELIZABETH WEDDLE, a/k/a AUDREY ELIZABETH SPARLING, JOHN RAYMOND SPARLING, VICTOR SEWELL SPARLING, HERMAN CARL WILDERMAN, STANLEY B. ALLPER, TERRYL ELIZABETH JATON, CAPITOLA BREDE, ELMER A. BREDE, DWAYNE CLARK BREDE, AUDREY LARUE McCABE, LOUISE EUGENE McCABE, MARY GRACE HENDERSON, GEORGE ROBERT HENDERSON, HENRY JACKSON HAGEY, DAISY ORPHA HENDERSON, a/k/a DAISY ORPHA NORRIS, WILLIAM NORRIS, MARY ALICE NORRIS, a/k/a MARY ALICE GIBBONS, FRANK L. GIBBONS, GEORGIA NORRIS, JOSEPH NORRIS, VERA ELIZABETH SMITH, a/k/a VERA ELIZABETH NORRIS, NANCY JANE FARMER, FRANK GIBBONS, MARY FREEMAN, OSCAR L. HENDERSON, a/k/a OSCAR L. HAGEY, KATHERINE HENDERSON, VIRGIL A. TUCKER, NE ROMA JANE TUCKER, THELMA RUTH FARMER, RALPH EDWIN FARMER, ADITH COLLEEN DANIEL, WAYNE D. DANIEL, WILLIAM JAMES FARMER, CLARK R. FARMER, DAVID RALPH FARMER, ALLEN K. FARMER, KRISTI S. PEDERSEN, ALLEN WINTERS, LOLA H. PEDERSEN, LOU PEDERSEN, CHARLES MATHIAS, CLARENCE LIVELY, MASON WALTER CAMPBELL, SR., WILLIAM JACKSON CLARK, MARCIA YOUNG, CATHERINE YOUNG, DOROTHY ISGRIGG, MARGARET BARLETT, JERRY OWENS, ALVIRA OWENS, THEREAS OWENS, VALERIA OWENS, MOLLY STRITZEL, JEAU ANNE STRITZEL, ROBERT STRITZEL, JUDY BERGE, CHARLES WRIGHT, CHRISTY ALLYCE WRIGHT, DAVID M. WRIGHT, MARGARET ANNE BARTLETT, JACK C. BAILES, SR., CLIFFORD W. SORVIRS, JACK C. BAILES, JR., JENNIE GOLDEN, MARY JANE BARLETT, a/k/a MARY JANE STERELY, LAURIE L. STERELY, LESTER L. STERELY, LESLIE L. STERELY, LARRY L. STERELY, EULGENE LLOETTA HOARD, ROXANNE DYER, SHANNON SPARLING, WAYNE JATON, TRUEL KEHL, GREGORY A. KEHL, ROBERT D. ROSENLUND, GREGORY STEVEN DAVIS, STEPHEN SPARLING, RAYMOND SPARLING, TERI L. LAWRENCE, HARRIET SPARLING ARNOLD, HEIDE SPARLING ARNOLD, DANIEL TIMOTHY ARNOLD, DONNA FRITZ, JANET ARMSTONG, WILLIAM J. ARMSTRONG, MARILYN LOUISE SHEEHAN, CAROL ANN HODGES, CONSTANCE JEAN SALYER, STEPHEN RICHARD McCABE, DONNA AUDREY GERREN, GREGORY MICHAEL McCABE, MARILYN LOUISE TAYLOR, DEBBIE HULOWITZ, WILLIAM FARMER, MARIAN JANE TAYLOR FARMER, ERIC CLARK FARMER, ANGIE LORRAINE CHAMPANY, MARGARET JANNETT HILL, a/k/a MARGARET JANNETT HILL, AUDREY KEDSLEY, a/k/a AUDREY FARMER, CARRIE FARMER, CLINTON FARMER, DAVID FARMER, JEFF FARMER, DOROTHY NORRIS, JAMES WILLIAM GIBBONS, ERMANILL C. NUNES, a/k/a ERMANILL C. GIBBONS, JENNIE HENDERSON, NOLE MAE TUCKER, LILLIAN TUCKER, VIRGINIA TUCKER, CRAIG D. DANIEL, KRISTI PEARL CHILDERS, GLORIA SPRALING, DONNA FRITZ, DANIEL LEWIS FRITZ, MARK FRITZ, and LINDA SUSAN McCABE, if living otherwise the Unknown Heirs, Executors, Administrators, Trustees, Assigns and Successors, Immediate and Remote, of the said individuals, and The Unknown Heirs, Executors, Administrators, Trustees and Assigns, Immediate and Remote of SYLVESTER REIMER, Deceased, SYLVIA BRALEY, LAURA VENTERS; ROBERT HALL, MICHAEL HALL; CHRISTOPHER HALL; if living otherwise the Unknown Heirs, Executors, Administrators, Trustees, Assigns and Successors, Immediate and Remote, of said individuals, GEORGE BOARDMAN, ALTON C. LAMB, Jr., RUTH C. LAMB, ROBERT CAVITT, WANDA MAE PRICE HENN, BUELAH ALICE SMITH ROWLEY, WILLARD W. McINTYRE, KATHLEEN YORK, THELMA McINTYRE, MAX L. McINTYRE, HERMAN T. McINTYRE, VIRGIL S. McINTYRE, MARTIN S. McINTYRE, EDWARDS GRENS, and EVA IDELL CASH, Defendants if living, otherwise the Unknown Heirs, Executors, Administrators, Trustees and Assigns, Immediate and Remote of said Defendants, if deceased, and THE STATE OF OKLAHOMA, ex rel. OKLAHOMA TAX COMMISSION, Defendants.
Mandate Issued: 02/13/2019
APPEAL
FROM THE DISTRICT COURT OF NOBLE COUNTY, OKLAHOMA HONORABLE
NIKKI G. LEACH, JUDGE
Harlan
Hentges, Edmond, Oklahoma, for Plaintiff/Appellant,
Sally
Stewart, Cristyn Lane, Roswell, New Mexico, Pro Se.
KENNETH L. BUETTNER, JUDGE
¶1
Plaintiff/Counter-Defendant/Appellant Yvonne Hodge appeals a
judgment entered following a bench trial in Hodge's claim
for title by adverse possession. The trial court denied
Hodge's claim based on its finding she had not shown an
ouster of her co-tenants, though no one having an interest in
the property appeared to counter Hodge's proof. The trial
court concluded that Hodge's only remedy was through a
partition proceeding. The trial court also denied
Defendant/Counter-Claimant/Appellee Sally Stewart's
claim, finding she did not prove an interest in the property.
Stewart has not filed a petition in error appealing the
judgment against her and that part of the judgment is final.
We reverse the trial court's finding that Hodge had not
shown an ouster of her co-tenants and therefore could not
have gained title by adverse possession. Hodge and her
predecessors paid taxes, fenced, used, and maintained the
property to the exclusion of all others for more than fifteen
years. The clear weight of the evidence showed Hodge had
proved title by adverse possession.
¶2
In her 2014 Petition, Hodge sought to quiet title to a
described quarter section in Noble County. [1] Hodge
asserted she owned the property in her personal capacity and
as the personal representative of the estate of her husband,
Leroy Hodge. Hodge alleged that Mary Roney had owned title to
the property at the time of her death in 1935 and that her
son Charles Roney possessed the property until his death in
1980. Hodge asserted that when Mary Roney's estate was
probated in 1956, her heirs were unknown except for Charles
Roney. Hodge asserted that from 1971, Hodge's
father-in-law Glen Hodge leased the property from Charles
Roney. Hodge further alleged that Charles Roney's estate
was distributed to his Wife and her estate was then
distributed to her two brothers, Ruben Reimer and Sylvester
Reimer, in 1982. Hodge alleged that Sylvester died in 1982
and his estate was not probated in Oklahoma. Hodge alleged
that from 1980 until 1993 Glen Hodge and then his son Leroy
Hodge leased the property from representatives of the Estate
of Charles Roney, his heirs, or the estates of his heirs.
¶3
Hodge further averred that Ruben Reimer's share was
distributed to his two children in 1993 and Leroy Hodge then
purchased their interests. Hodge asserted she and Leroy Hodge
had occupied the property without paying rent or other
consideration to any party since 1993 and that in that time
they paid the taxes, made improvements such as building
fences and ponds, and cleared trees. Hodge asserted she
continued the possession after Leroy's 1999 death. Hodge
asserted she had obtained title to the property by adverse
possession. Hodge asserted one group of Defendants were the
unknown heirs of Sylvester Reimer, who received a 1/8th
interest in the surface in the July 1982 final distribution
of the estate of Charles Roney's wife. Hodge asserted the
remaining Defendants were the heirs of the seven half
siblings of Charles Roney. Hodge asserted Charles Roney held
the property adversely to the interests of the half siblings
from the 1935 death of Mary Roney until Charles's death
in 1980.
¶4
In her Amended Petition, Hodge named as Defendants all
potential heirs of Mary Roney's children that Hodge had
discovered and asserted she had made publication notice for
heirs she could not identify or locate. Hodge repeated the
allegations made in her Petition and alleged she and her
predecessor, Leroy Hodge, had satisfied the requirements of
adverse possession for more than fifteen years.
¶5
The record shows Stewart and Defendant Christy Allyce Lane
were served by mail and they filed a letter requesting time
to assert an interest in the property "which we
understood we would inherit." Stewart answered and
denied Hodge's claim to title by adverse possession.
Stewart asserted a counterclaim asking the trial court to
determine her interest in the property and quiet title to
that interest in her. Hodge answered and denied the claims
made in Stewart's counterclaim.
¶6
The trial court entered a Journal Entry of Judgment August
17, 2016, in which it found twenty Defendants had been served
and failed to answer. The trial court entered default
judgment in favor of Hodge and against those Defendants. The
trial court later granted default judgments against several
of the remaining Defendants. [2]
¶7
Hodge then filed a motion for summary judgment against
Stewart, which the trial court denied. [3] Bench trial was held
September 14, 2017. The trial court entered its Journal Entry
September 18, 2017, in which it found Stewart had failed to
present evidence establishing an interest in the property and
denied her counterclaim for quiet title. [4] The court further
found that Hodge had not shown she was entitled to adverse
possession because she owned legal title to a 1/8 interest
and in order to obtain title by adverse possession against
co-tenants, she was required to prove an ouster of the
co-tenants. The court found that Hodge's remedy was
through a partition proceeding.
¶8
As noted above, only Hodge appeals. A claim for title by
adverse possession is an equitable proceeding and we will
affirm the trial court's decision unless it is against
the clear weight of the evidence or is contrary to law.
Akin v. Castleberry, 2012 OK 79, ¶11, 286 P.3d
638. "To establish adverse possession, the claimant must
show that possession was hostile, under a claim of right or
color of title, actual, open, notorious, exclusive, and
continuous for the statutory period of fifteen years."
Id.
¶9
The evidence of the elements of adverse possession was
undisputed. Hodge improved the property, maintained it,
fenced it and locked the gate to the exclusion of all others,
paid taxes on it, and used it for cattle for more than
fifteen years. The trial court noted, however, that because
Hodge had legal title to a 1/8 interest by virtue of a 1993
Warranty Deed from Ruben Riemer's children to Leroy
Hodge, the case must be analyzed as one where ...