In the interest of balance:
Fifth Third Bank v. Jones-Williams, 10th Dist. No. 04AP-935, 2005-Ohio-4070, ¶4,5,36,37 (Aug. 9, 2005):
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In addition, appellants alleged: (1) their property is immune from collateral attack due to the execution of a land patent;
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In support of their motion for summary judgment, appellants submitted copies of the following: ... (5) a quitclaim deed recorded January 22, 1996; (6) a document entitled "Declaration of Land Patent" dated January 20, 1996; (7) a document entitled "Declaration of Homestead" dated January 20, 1996; (8) a land patent dated February 3, 1807;
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Finally, appellants argue the trial court improperly granted summary judgment because their property is protected by a U.S. land patent, shielding it from collateral attack. Appellee argues contra that a land patent is merely a conveyance, and not a general protection from liens. We agree. As the trial court aptly stated, "the information sheds no light on the case at hand." (June 23, 2004 Decision, at 5.) Therefore, appellants' argument is without merit.
Accordingly, the trial court did not err in granting summary judgment in favor of appellee.
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Decision available at:
http://www.sconet.state.oh.us/ROD/