Haynes v. Markel

State: Ohio

Docket No: 2001-Ohio-2624

Case Date: 12/10/2001

Plaintiff: Haynes

Defendant: Markel

Preview:IN THE COURT OF APPEALS OF OHIO
FOURTH APPELLATE DISTRICT
ROSS COUNTY

ROBERT W. HAYNES, : Case No. 01CA2587
:
Plaintiff-Appellant, : DECISION AND
: JUDGMENT ENTRY

v. :
:
: Released 12/10/01

BEVERLY ANN MARKEL, et al., :
:
Defendants-Appellees. :
:

APPEARANCES:

Mary Bone Kunze, Jackson, Ohio for appellant.

Thomas M. Spetnagel, Chillicothe, Ohio, for appellees.

Harsha, J.

Appellant Robert W. Haynes appeals the decision of the

Ross County Court of Common Pleas denying his claim to quiet

title to real property situated along the Little Salt Creek

in Jefferson Township, Ross County, Ohio. He raises the

following assignments of error:

FIRST ASSIGNMENT OF ERROR
THE JUDGMENT AND FINAL ORDER IS NOT
SUSTAINED BY THE EVIDENCE AND IS
AGAINST THE MANIFEST WEIGHT OF THE
EVIDENCE.

SECOND ASSIGNMENT OF ERROR
THE JUDGMENT AND FINAL ORDER IS
CONTRARY TO LAW.

We affirm the decision of the trial court because the
evidence relied on by the court was sufficient to support a
determination that appellant's property does not include
land on the west bank of the Little Salt Creek. However, we
conclude the trial court improperly applied the law in
determining that the boundary line is the center of the
creek, and thus sustain the second assignment of error.

This action to quiet title was brought by appellant in
order to determine the ownership of a small parcel of
property located on the west side of Little Salt Creek,
Jefferson Township, Ross County, Ohio. Although not
definitely confirmed through exact measurements, the parcel
in dispute appears to be an area of about

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