Hartman, et al. v. Grager
Docket Info
- Title
- Steve Hartman and Russell Hartman
as Co-Personal Representatives of
the Estate of Ray H. Hartman, Plaintiffs, Appellants,
and Cross-Appellees
v.
Trent Grager, Defendant, Appellee,
and Cross-Appellant - Case Type
- CIVIL APPEAL : OTHER (Civil)
- Appeal From
-
Case No. 2017-CV-00054
Southeast Judicial District, Wells County
James D. Hovey
Highlight
Before a court may set aside a transaction on the ground of mental incapacity, the party attacking the validity of the transaction has the burden to prove the grantor, at the time of the transaction, was so weak mentally as not to be able to comprehend and understand the nature and effect of the transaction.
An agreement for the sale of real property must show who the contracting parties are, intelligently identify the subject matter involved, express the consideration, and disclose the terms and conditions upon which the contract is entered into. All things that in law or usage are considered as incidental to a contract or as necessary to carry it into effect are implied therefrom, unless some of them are mentioned expressly therein.
A valid inter vivos gift requires: (1) an intention by the donor to then and there give the property to the donee, coupled with an actual or constructive (2) delivery of the property to the donee, and (3) acceptance of the property by the donee.
In an action for specific performance, a purchaser may recover damages from a seller for delay in conveying real property. The detriment caused by the wrongful occupation of real property is deemed to be the value of the use of the property for the time of occupation, which can be shown by either identifying the fruits of the illegal possession, or through fair rental value of the property.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
| Seq. # | Filing Date | Description | Attachment |
|---|---|---|---|
| 1 | 08/10/2020 | NOTICE OF APPEAL : 08/10/2020 | |
| 2 | 08/10/2020 | ORDER FOR TRANSCRIPT : 08/13/2020 | |
| 3 | 08/12/2020 | NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV. | |
| 4 | 08/12/2020 | Notice served on Randall J. Bakke, Shawn A. Grinolds, David J. Smith, Tyler J. Malm, | |
| 5 | 08/12/2020 | Andrew Cook, & Delvin Losing | |
| 6 | 08/24/2020 | NOTICE OF CROSS APPEAL | |
| 7 | 08/24/2020 | NOT. OF FILING NOT. OF CROSS-APPEAL AND PROOF OF SERV. | |
| 8 | 08/24/2020 | Notice served on Randall J. Bakke, Shawn A. Grinolds, David J. Smith, & Tyler J. Malm | |
| 9 | 09/09/2020 | ELEC. RECORD ON APPEAL DATED SEPTEMBER 8, 2020 (ENTRY NOS. 1-405, 408-452)(NOT SENT: 407) | |
| 10 | 09/18/2020 | 1ST ELEC. SUPP. RECORD ON APPEAL DATED SEPTEMBER 17, 2020 (ENTRY NOS. 453-455) | |
| 11 | 09/30/2020 | 2ND ELEC. SUPP. RECORD ON APPEAL DATED SEPTEMBER 29, 2020 (ENTRY NOS. 456-458) | |
| 12 | 10/08/2020 | MOT. EXT/TIME TRANSCRIPT | |
| 13 | 10/08/2020 | ACTION BY TRIAL COURT - Granted : 11/11/2020 | |
| 14 | 10/15/2020 | 3RD ELEC. SUPP. RECORD ON APPEAL DATED OCTOBER 15, 2020 (ENTRY NOS. 459 & 460) | |
| 15 | 11/11/2020 | ELECTRONIC TRANSCRIPT DATED AUGUST 26, 2019 | |
| 16 | 11/11/2020 | ELECTRONIC TRANSCRIPT DATED DECEMBER 4, 2019 | |
| 17 | 11/11/2020 | ELECTRONIC TRANSCRIPT DATED DECEMBER 5, 2019 | |
| 18 | 11/11/2020 | ELECTRONIC TRANSCRIPT DATED DECEMBER 6, 2019 | |
| 19 | 11/12/2020 | Certificate of Service for Transcripts | |
| 20 | 11/12/2020 | Rec'd non-substantive correction to 12/4/19 transcript (redaction) | |
| 21 | 12/15/2020 | MOT. EXT/TIME APPELLANT BRIEF | |
| 22 | 12/15/2020 | ACTION BY CLERK - Granted : 01/11/2021 | |
| 23 | 12/28/2020 | MOTION FOR ADDITIONAL PAGES BY APPELLANT | |
| 24 | 12/28/2020 | ACTION BY CHIEF JUSTICE (granted 7 pgs. for briefs and 3 pgs. for reply briefs) - Granted | |
| 25 | 01/12/2021 | Non-Compliant ATB; given until 1/20/21 to revise (margins-length) | |
| 26 | 01/12/2021 | APPELLANT APPENDIX | |
| 27 | 01/13/2021 | Rec'd revised ATB and non-substantive corrections to ATA | |
| 28 | 01/13/2021 | APPELLANT BRIEF | View |
| 29 | 01/13/2021 | Oral Argument Request by Appellant | |
| 30 | 01/13/2021 | Rec'd $72 e-filing surcharge for ATA (receipt #28053) | |
| 31 | 01/18/2021 | Rec'd 5 copies of ATB and 4 copies of ATA back from CD | |
| 32 | 01/20/2021 | Rec'd $1 e-filing surcharge (Receipt #28060) | |
| 33 | 02/05/2021 | MOT. EXT/TIME APPELLEE BRIEF | |
| 34 | 02/05/2021 | ACTION BY CLERK - Granted : 02/26/2021 | |
| 35 | 02/26/2021 | APPELLEE BRIEF | View |
| 36 | 02/26/2021 | APPELLEE APPENDIX | |
| 37 | 03/04/2021 | Rec'd 5 copies of AEB & 4 copies of AEA from CSD | |
| 38 | 03/12/2021 | REPLY BRIEF | View |
| 39 | 03/15/2021 | Rec'd 5 copies of RYB from CSD | |
| 40 | 03/23/2021 | NOTICE OF ORAL ARGUMENT SENT | |
| 41 | 03/26/2021 | REPLY BRIEF (Smith & Malm) | View |
| 42 | 03/30/2021 | Rec'd 5 copies of RYB from CSD | |
| 43 | 04/28/2021 | APPEARANCES: Shawn A. Grinolds/Tyler J. Malm | |
| 44 | 04/28/2021 | ARGUED: Shawn A. Grinolds/Tyler J. Malm | |
| 45 | 04/28/2021 | ORAL ARGUMENT WEBCAST | |
| 46 | 09/02/2021 | DISPOSITION (and Remanded) | |
| 47 | 09/02/2021 | UNANIMOUS OPINION : Jensen, Jon J. | View |
| 48 | 09/02/2021 | By Order of the Court, costs to neither party | |
| 49 | 09/02/2021 | Judgment | View |
| 50 | 09/24/2021 | MANDATE |