Bolen v. Kathleen v. Ferry Trust

Opinion by

Judge PLANK.

The dispositive issue in this appeal is whether a vaHd Hen may be estabHshed against real estate if the recorded chain of title reflects that property is owned in the name of an individual but the Hen is granted by that individual as “trustee.” Plaintiffs, James and PhylHs Bolen, assert any such Hen is invaHd as a matter of law. The trial court agreed and entered judgment accordingly. We reverse and remand for further proceedings.

As pertinent here, title to the property in dispute was conveyed in 1981 to a grantee identified as “Roy B. Davis, Jr., Trustee.” Later, “Roy…