Stocker v. Stocker

Sweeney, A.C.J.

— In 1965, Loren Marvin Stocker (Marvin) executed a statutory warranty deed to his father, Loren C. Stocker (Loren), transferring Marvin’s property to Loren for $10, subject to an underlying mortgage. Loren agreed to return the property to Marvin after a tour of military service. Marvin did not ask for the property when he returned. His parents continued to live on the land, planting an orchard, making other permanent improvements, and eventually paying off the mortgage.

In 1990, Marvin’s mother, Valene Stocker, wanted to sell the orchard; Loren insisted it belonged to Marvin.…