Schwalm v. Deanhardt

Elliott, J.:

Plaintiffs Maurice and Ann Schwalm appeal the trial court’s granting of defendant Gary Deanhardt’s motion for involuntary dismissal of plaintiffs’ quiet title action. We reverse.

This is, factually, a rather bizarre case. The Schwalms owned a rental home they wished to sell. On January 28, 1993, they agreed with Michael Eddins to sell the house to Eddins in the name of the G.E. Trust No. PV 16-40 Trust (Trust). Eddins was to place $5,000 in escrow to cover foundation repairs, and plaintiffs were to carry the purchase price at 7% interest.

The next day, plaintiffs signed a quitclaim…