Friedline v. Roe
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Defendant Eugene Roe appealed circuit court decision awarding plaintiffs Leigh Mae Friedline and Zebadiah Kellogg-Roe a writ of possession. In 1959, the defendant purchased property in Greenville. In 1971, he conveyed the property to Brookwood Ecology Center, Inc. Brookwood reconveyed the house and barn on the property to defendant in 1999. In 2004, defendant conveyed the house and barn to his son, plaintiff Kellogg-Roe. In 2009, Kellogg-Roe transferred a twenty percent interest in the buildings to Friedline. That same year, Kellogg-Roe gave Friedline a power of attorney to act as his agent. Defendant has lived on the property since he purchased it. In 2012, Friedline served him with an eviction notice, ordering him to vacate the premises within thirty days. Although the eviction notice stated that the buildings were owned by both Kellogg-Roe and Friedline, only Friedline signed the notice. When defendant did not vacate the premises, plaintiffs filed a landlord and tenant writ. Following a hearing, the district division awarded plaintiffs a writ of possession. On appeal, defendant argued that he properly asserted a plea of title and, consequently, the district division erred by not transferring the case to superior court. He further argued that the court exceeded its jurisdiction by ruling on the issues raised in his plea of title. The issue this case presented to the Supreme Court was whether the district division had jurisdiction in this case. Rather than providing defendant with the opportunity to enter his action in superior court, the district division held a hearing during which it addressed, among other issues, the merits of his claim to a life estate in the property. Because jurisdiction to resolve questions of title and matters of equity lies with the superior court, the Supreme Court concluded the district division erred by ruling on this claim. Consequently, the Court vacated the district division’s order.
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