2019 Ohio 5430
Ohio Ct. App.2019Background
- In 1926 James T. and Rose L. Logan conveyed surface rights but expressly reserved "all coal, gas, and oil" (the "Reservation").
- In 1941 James T. Logan executed a Mineral Deed conveying his reserved mineral interest to C.L. Ogle (the Ericksons are Ogle's heirs).
- The Morrisons acquired the surface title (1978 and later deeds) and each recorded deeds that repeated the Reservation language verbatim.
- In 2015 the Morrisons sued Logan heirs and a trial court declared the Logan severed mineral interest extinguished under Ohio's Marketable Title Act (MTA); the Logan heirs’ appeal was dismissed.
- In 2017 the Ericksons sued for declaratory relief and quiet title; the trial court granted judgment on the pleadings for the Ericksons, holding they owned the minerals and the Morrisons had no mineral interest.
- The Fifth District reversed as to the Reservation, holding the repeated Reservation was a general reference (not a specific identification) and the severed mineral interest was extinguished under the MTA; it also rejected Susan George's cross-appeal on res judicata grounds.
Issues
| Issue | Plaintiff's Argument (Ericksons) | Defendant's Argument (Morrisons / George) | Held |
|---|---|---|---|
| Whether the repeated Reservation in the chain of title preserved the severed mineral interest under R.C. 5301.49(A) | The Reservation is a specific identification of the mineral interest and thus preserved from extinguishment | The Reservation is a general reference that fails to identify who reserved or received the minerals (no names); therefore it does not preserve the interest | The Reservation is a general reference under Blackstone and does not specifically identify the recorded title transaction; the severed mineral interest was extinguished by the MTA |
| Whether Susan George’s denial of the 1941 mineral conveyance created a factual dispute defeating judgment on the pleadings | Title documents on the face of the pleadings establish the conveyance; prior 2015 final judgment extinguished Logan interests (res judicata) | George baldly denies the transfer and asserts a factual issue exists | Bare denial insufficient to defeat a Rule 12(C) motion; George is barred by res judicata from relitigating the extinguishment; her assignment is overruled |
Key Cases Cited
- Blackstone v. Moore, 122 N.E.3d 132 (Ohio 2018) (adopts three-part test for whether a recorded repetition is a sufficiently specific identification under the MTA)
- Corban v. Chesapeake Expl., L.L.C., 76 N.E.3d 1089 (Ohio 2016) (describes MTA operation: severed mineral rights extinguished after 40 years absent a preserving event)
- Grava v. Parkman Twp., 653 N.E.2d 226 (Ohio 1995) (adopts transactional approach to res judicata/claim preclusion)
- Peterson v. Teodosio, 297 N.E.2d 113 (Ohio 1973) (Rule 12(C) presents only questions of law; review limited to pleadings)
- Ferreri v. The Plain Dealer Publ'g Co., 756 N.E.2d 712 (Ohio App. 2001) (standard of review for judgment on the pleadings same as Civ.R.12(B)(6))