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Dodson v. Lovelace

Court of Appeals of Arkansas, Division II

May 18, 2016

ERNESTINE DODSON, APPELLANT
v.
HEIDI LOVELACE, APPELLEE

         APPEAL FROM THE PULASKI COUNTY CIRCUIT COURT, THIRD DIVISION [NO. 60CV-13-3069] HONORABLE CATHLEEN V. COMPTON, JUDGE

          Gill Ragon Owen, P.A., by: Drake Mann and Christopher L. Travis, for appellant.

          Sanford Law Firm, PLLC, by: Josh Sanford, for appellee.

          RAYMOND R. ABRAMSON, Judge

         Ernestine Dodson appeals the Pulaski County Circuit Court's order quieting title to a residential property in Little Rock in the name of Heidi Lovelace. On appeal, Ernestine argues that the circuit court erred in finding that Heidi established prima facie title pursuant to Arkansas Code Annotated section 18-60-506 (Repl. 2015). Ernestine additionally argues that the court exceeded its jurisdiction by ordering her to quiet title of the property to Heidi and to pay her ex-husband, Eugene Jones, his one-half interest in the property. We reverse.

         Ernestine and Eugene bought 8 Timber Valley Cove in 1978. In 1982, Ernestine and Eugene divorced. Their divorce decree, issued by the Pulaski County Circuit Court, provided that

[Ernestine] shall be entitled to possession of the parties' residence located at #8 Timber Valley, Little Rock, Arkansas. [Ernestine] shall pay the monthly mortgage payment, including the principal, interest, taxes, and insurance, provided that said residence shall be sold if [Ernestine] fails to make payments for two (2) months. At the time this property is sold, the net proceeds from said sale shall be divided equally except that [Ernestine] shall be given credit for each and every house payment she has made subsequent to May 27, 1982.

         Ernestine continued to live at the residence until she remarried and bought a home with her new husband in 1990. At that time, she entered into a lease-purchase agreement with her brother, Michael Lovelace, and his then-wife, Heidi. The lease-purchase agreement provides in part as follows:

         LEASE PURCHASE AGREEMENT . . . .

         1.Seller agrees to sell and purchaser agrees to purchase that certain tract of land in Pulaski County, Arkansas, described as follows:

Lot 38, Pecan Lake, addition to the City of Little Rock
Street Address: #8 Timber Valley Cove, Little Rock, AR 72204
2.The purchase [illegible] is $40, 093.28 to be paid in full in or about 18 years in monthly payments [illegible] of principal and interest in the amount of $371.86 plus mortgage insurance and other escrow items assessed during each annual assessment. Said payment is due on the first of each and is delinquent around the fifteenth.
3.It is expressly agreed and understood that: . . . .
Purchaser agrees to allow seller to claim any and all interest paid on loan until ...

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