Edgington v. Newman
2012 Ohio 4962
Ohio Ct. App.2012Background
- Edgington sued Adams County Treasurer seeking excess sale proceeds under R.C. 5723.11, claiming pre‑sale adverse possession gave him ownership.
- Trial court denied Edgington’s summary judgment motion and sua sponte granted summary judgment for the Treasurer.
- The 2004 in rem action ordered the property forfeited to the state; the land was later deeded to the state and auctioned in 2007.
- Edgington contends his 21-year adverse possession began in 1984, but the state acquired title in 2004 before completion of 21 years.
- The court held adverse possession cannot defeat the state, so Edgington could not obtain the property or the excess sale proceeds, and affirmed the judgment for the Treasurer.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does ORC 5723.11 authorize Edgington to sue for excess proceeds directly? | Edgington asserts entitlement to excess proceeds under the statute. | Treasurer argues the statute contemplates interpleader or no direct suit by Edgington. | No direct entitlement; adverse-possession flaw governs. |
| Can Edgington acquire title by adverse possession against the state? | 21-year period began in 1984; may vest ownership. | Adverse possession cannot vest against the state. | Edgington cannot prevail; adverse possession cannot defeat the state. |
| Was the summary-judgment grant to the Treasurer proper? | Trial court erred in sua sponte ruling. | After record review, judgment for Treasurer proper; no genuine issues. | Yes; the trial court correctly denied Edgington and granted Treasurer judgment. |
Key Cases Cited
- Grace v. Koch, 81 Ohio St.3d 577 (Ohio 1998) (adverse possession standard; 21-year requirement)
- New 52 Project, Inc. v. Proctor, 122 Ohio St.3d 1 (Ohio 2009) (adverse possession cannot defeat the state)
- Haynes v. Jones, 91 Ohio St. 197 (Ohio 1915) (no adverse occupancy against state lands)
- Todd Dev. Co. v. Morgan, 116 Ohio St.3d 461 (Ohio 2008) (summary-judgment/sua sponte standard)
- Note Portfolio Advisors L.L.C. v. Wilson, 2012-Ohio-2199 (8th Dist. 2012) (de novo standard for nonmoving-party summary judgment)