Duerfeldt v. Ploeger

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Dale E. Duerfeldt and Carol J. Duerfeldt, appellees, v. Vera J. Ploeger and Carol J. Hamilton, appellants, and State of Nebraska, Game, Forestation and Parks Commission, appellee.

No. A-23-172

Court of Appeals of Nebraska

February 6, 2024

THIS OPINION IS NOT DESIGNATED FOR PERMANENT PUBLICATION AND MAY NOT BE CITED EXCEPT AS PROVIDED BY NEB. CT. R. APP. P. § 2-102(E).

APPEAL FROM THE DISTRICT COURT FOR RICHARDSON COUNTY: JULIE D SMITH, JUDGE.

David A. Domina, of Domina Law Group, P.C., L.L.O., and Douglas E Merz, of Weaver & Merz, for appellants.

Terry C. Dougherty and Todd W. Weidemann, of Woods Aitken, L.L.P. for appellees Dale E. Duerfeldt and Carol J. Duerfeldt.

Michael T. Hilgers, Attorney General, and Carlton W. Wiggam for appellee State of Nebraska.

PIRTLE, Chief Judge, and BISHOP, Judge.

MEMORANDUM OPINION AND JUDGMENT ON APPEAL

BISHOP, JUDGE

I. INTRODUCTION

Elizabeth Esther Duerfeldt (Esther) and Elmer Duerfeldt (Elmer), a married couple, acquired numerous parcels of real property prior to Elmer's passing in 2006. After Elmer's death, Esther disclaimed a ½ interest in some of the real property, which resulted in a ⅛ interest of that property passing to each of Esther's and Elmer's four children: Dale Duerfeldt (Dale), Vera Ploeger, Carol Hamilton, and Judy Burgett; Esther retained the other ½ interest.

In May 2018, Esther sold her ½ interest in nine parcels of property to Dale and his wife, Carol Duerfeldt (Carol), for $1,127,500. Dale and Carol (hereafter jointly "the Duerfeldts") subsequently filed a complaint to partition the nine parcels of property, to terminate severed mineral interests, and to quiet title. Dale's siblings challenged ownership of the ½ interest Esther sold to the Duerfeldts, claiming the sale was void because of undue influence, fraud, or mistake. The Duerfeldts filed a motion for summary judgment asking the Richardson County District Court to find that the partition of the real estate should be executed. The district court granted summary judgment, concluding that the Duerfeldts made a prima facie case that they were entitled to a partition, and that there was no genuine issue of material fact concerning the validity of the land contract and deeds related to the 2018 transaction. Ploeger and Hamilton appeal, challenging evidentiary rulings and the grant of summary judgment in favor of the Duerfeldts. We affirm.

II. BACKGROUND

When Esther sold her ½ interest in nine parcels of property to the Duerfeldts for $1,127,500 in May 2018, a "Contract for Sale of Real Estate," "Deed of Trust," and a "Joint Tenancy Warranty Deed" were executed. A few months later, in September, the Duerfeldts filed a "Complaint for Partition, to Terminate Severed Mineral Interest and to Quiet Title." Named defendants included Ploeger, Hamilton, Burgett and her husband, the "State of Nebraska, Game, Forestation and Parks Commission" (the State), "Harlan D. Lewis and Vivian Lewis" (the Lewises), and other persons "Real Names Unknown" who had any interest in the property at issue or the severed mineral interests in a particular property.

In their complaint, the Duerfeldts identified nine parcels of real property in Richardson County, Nebraska, and asserted that Dale and his three sisters each owned an undivided ⅛ interest in the property, and that the Duerfeldts owned an undivided ½ interest in the property (with Esther having a lien on the Duerfeldts' interest by virtue of a Deed of Trust in the amount of $1,127,500). Those nine parcels of land, which we have numbered for later reference, were described as follows:

[1.] Sl/2 SWl/4 and SWl/4 SEl/4, Section 32, Township 3 North, Range 17, East of the 6^th P.M., Richardson County, Nebraska;

[2.] SEl/4 SWl/4, SWl/4 SEl/4, El/2 SEl/4 and SEl/4 NEl/4, EXCEPT that portion condemned by the State of Nebraska for a State Park as shown by return of appraisers Tract 11 recorded in Book 7, Miscellaneous, Page 307, Section 8, Township 3 North, Range 17, East of the 6th P.M., Richardson County, Nebraska;

[3.] Wl/2 Wl/2 NWl/4 NWl/4 (being Lot 8), Section 16, Township 3 North, Range 17, East of the 6th P.M., Richardson County, Nebraska;

[4.] Nl/2 NEl/4, NEl/4 NWl/4, El/2 NWl/4 NWl/4, SWl/4 NEl/4, NWl/4 SEl/4 and North 30 acres of the SEl/4 NEl/4, and

[5.] Wl/2 NWl/4 NEl/4 SWl/4, Being 5 acres of land, NWl/4 SWl/4, SEl/4 SWl/4 and 9 acres off the South end of Wl/2 NEl/4 SWl/4, El/2 SWl/4 NWl/4 and SEl/4 NWl/4, all in Section 17, Township 3 North, Range 17, East of the 6th P.M., Richardson County, Nebraska;

[6.] SEl/4, Section 18, Township 3 North, Range 17, East of the 6th P.M., Richardson County, Nebraska; EXCEPT one acre of land beginning at a point 26 rods west of the Southeast comer of the SEl/4 SEl/4 of Section 18, Township 3 North, Range 17 East of the 6th P.M., Richardson County, Nebraska, thence west along the south line of said quarter section 16 rods, thence due north 10 rods, thence due east 16 rods, thence south 10 rods to the place of beginning;

[7.] Sl/2 NEl/4 and a tract of land described as follows: commencing at the Northwest corner of the Northwest Quarter of the Northeast Quarter of aforesaid section, from thence South eighty rods, from thence East thirty-three rods, from thence to a stake forty-five rods and seven feet North and one rod West, from thence to a stake thirty rods West and seven rods and two feet North, from thence North twenty-seven rods seven feet and six inches, from thence West two rods to place of beginning, all in Section 18, Township 3 North, Range 17, East of the 6^th P.M., Richardson County, Nebraska;

[8.] Part of the NWl/4 NWl/4 lying north of the county road, Section 21, Township 3 North, Range 17, East of the 6^th P.M., Richardson County, Nebraska;

[9.] El/2 NWl/4, less land deeded to the State of Nebraska for highway right-of-way. Section 17, Township 2 North, Range 16, East of the 6^th P.M., Richardson County, Nebraska[.]

The Duerfeldts also asserted that the State appeared of record to be the owner of an undivided ½ mineral interest in parcel 2 above, and that the Lewises (or other persons names unknown) appeared of record to have a mineral reservation of an "undivided ½ interest in all oil, gas and other mineral" in parcel 9 above. The Duerfeldts specifically elected not to make creditors parties to the proceeding, acknowledging that Esther had a lien upon their interest in the real estate by virtue of the Deed of Trust in the amount of $1,127,500. See Neb. Rev. Stat. § 25-2172 (Reissue 2016) (creditors having specific or general lien upon all or any portion of property may or may not be made parties, at option of plaintiff).

The Duerfeldts' first cause of action sought partition of the nine parcels of property. They alleged that the property was not susceptible to a division in kind, and that a sale of the property and the division of proceeds among the owners was necessary. Their second cause of action sought the termination of severed mineral interest, alleging that there were of record "no filings of any type regarding the severance mineral interest" in parcel 9 since the recording of the Deed reserving the mineral interest of March 29, 1961. Their third cause of action sought to quiet title to the nine parcels of property. The Duerfeldts prayed:

[T]hat the Court enter an Order of Judgment quieting title of the [nine parcels of] real estate as above-described, terminating any severed mineral interest pursuant to Neb. Rev. Stat. § 57-228 et al. except those held by the State of Nebraska and ordering the partition of the real estate as above described, according to the respective rights and shares of the parties as aforesaid; for the appointment of a Referee; for the sale of the property and the division of the proceeds of the sale among the parties, according to their respective interests; for costs expended herein; for attorney's fees pursuant to Neb. Rev. Stat. § 25-21,108; and for such other and further relief as the Court may deem just and equitable in the premises.

In their answer and amended cross-complaint, Ploeger and Hamilton alleged that the ½ interest in the nine parcels claimed by the Duerfeldts was "obtained as the result of undue influence, fraud, mistake, or violation" of Dale's "influential and confidential relationship" with Esther, the result of which is that "said conveyance had no legal affect and is void." In their cross-complaint they added Esther as a defendant and alleged six causes of action; three of those causes of action were subsequently severed. The three remaining causes of action related to the need to quiet title to and partition parcels of real estate (including additional parcels of real estate not included in the Duerfeldts' complaint), including by sale if such could not be equitably divided; the operation of oil wells; and Esther's estate plan.

In their answer and cross-complaint, Burgett and her husband similarly alleged that the ½ interest in the nine parcels of property claimed by the Duerfeldts was "obtained as the result of undue influence, fraud, mistake, or violation" of Dale's "influential and confidential relationship" with Esther, the result of which is that "said conveyance had no legal affect and is void." In their cross-complaint they also added Esther as a defendant and alleged that Esther owned a ½ interest in the parcels set forth in the Duerfeldts' complaint, and that each of the four siblings owned a ⅛ interest of the parcels. Burgett and her husband sought to quiet title to and partition parcels of real estate (including additional parcels of real estate not included in the Duerfeldts' complaint), including by sale if such could not be equitably divided.

On November 15, 2021, the Duerfeldts filed a motion for summary judgment, alleging...