2011 Ohio 680
Ohio Ct. App.2011Background
- Alma Goddard and Carl Goddard jointly owned Grace Street property; Alma conveyed her interest to Carl for life care and his occupancy rights.
- Carl prepared and allegedly executed a quitclaim deed to Alma, but Alma later learned it was not recorded.
- Carl moved to transfer the property to appellee; appellant Mike Goddard filed a deed purporting to transfer the property from Carl to himself on May 4, 2007.
- Alma fell gravely ill in March 2007; John Goddard was initially blocked from entering the Grace Street home by Carl.
- Alma amended her complaint on May 16, 2007 seeking a life estate or sole ownership and alleging the 2007 deed was invalid for lack of consideration; the court held a bench trial resulting in Alma being the sole legal owner.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Jury trial right properly waived? | Goddard demanded a jury; waiver occurred due to untimely answer and lack of objection. | Appellant did not timely answer and participated in the bench trial without objecting. | Waiver of jury trial affirmed; bench trial proper. |
| Delivery of deed and ownership transfer validity | Carl delivered the deed to Alma; she relied on that delivery and her owner status arises from delivery. | No direct delivery shown; deed not delivered, so Alma may not own the property. | Delivery implied; or, alternatively, constructively trusted ownership supports Alma. |
Key Cases Cited
- Kniebbe v. Wade, 161 Ohio St. 294 (Ohio 1954) (delivery of a deed may occur by transfer of possession or intent to pass title)
- Dukes v. Spangler, 35 Ohio St. 119 (Ohio 1878) (manual delivery not essential to effectuate grantor’s intent)
- Lessee of Shirley v. Ayres, 14 Ohio St. 307 (Ohio 1846) (recording as prima facie evidence of delivery)
- Wayne Bldg. & Loan of Wooster v. Yarborough, 11 Ohio St.2d 195 (Ohio 1967) (title passes upon proper execution and delivery; recording not essential)
- Ferguson v. Owens, 9 Ohio St.3d 223 (Ohio 1984) (constructive trust as remedy to prevent unjust enrichment)
- Bilovocki v. Marimberga, 62 Ohio App.2d 169 (Ohio App.2d 1979) (constructive trust theories and equitable duties)
- Estate of Cowling v. Estate of Cowling, 109 Ohio St.3d 276 (Ohio 2006) (constructive trust as a remedy for unjust enrichment)