Legal Opinion

Kenneth Cole v. EV Properties, L.P.

Court of Appeals for the Sixth Circuit

Decided April 18, 2014No. 13-3677UnpublishedCited by 2 opinions

1Opinion of the Court

GRIFFIN, Circuit Judge.

This appeal turns on which of two lines of Ohio Supreme Court authority controls an improperly notarized oil and gas lease. The district court applied the rule of Citizens Nat’l Bank v. Denison, 165 Ohio St. 89, 133 N.E.2d 329, 332 (1956), and Logan Gas Co. v. Keith, 117 Ohio St. 206, 158 N.E. 184, 185 (1927), which holds that instruments reflecting a conveyance of a real estate interest remain enforceable between the parties, despite a defective acknowledgment. On this basis, the district court granted defendants’ motions to dismiss and for judgment on the pleadings.…

2Cases cited25 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Kevin W. Ziegler v. Ibp Hog Market, Inc.Court of Appeals for the Sixth Circuit · 2001
  3. Brownell Combs, Ii, Administrator C.T.A. Of the Estate of Leslie Combs, Ii, Deceased v. International Insurance CompanyCourt of Appeals for the Sixth Circuit · 2004
  4. Meridian Mutual Insurance Company v. Roslyn E. Kellman, Skender Bajrami, Individually and Doing Business as Kopliku Painting CompanyCourt of Appeals for the Sixth Circuit · 1999
  5. Delfino v. Paul Davies Chevrolet, Inc.Ohio Supreme Court · 1965

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3Cited by2 opinions

  1. Baxter v. Res. Energy Exploration Co.Ohio Court of Appeals · 2015
  2. Baer v. HendrenOhio Court of Appeals · 2017

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