David Henline and Michelle Henline v. Donna MacKenzie

Summary

The Intermediate Court of Appeals of West Virginia affirmed the circuit court’s judgment for Donna MacKenzie in a dispute involving an oral agreement under which David and Michelle Henline were permitted to reside on and maintain MacKenzie’s property in exchange for a future conveyance of land. The court held that the Henlines did not directly challenge the circuit court’s finding that they breached the agreement’s maintenance provision and declined to reweigh the evidence. The court therefore affirmed the order dismissing the Henlines’ claims and directing them to vacate the property.

Holdings

1. The circuit court's factual findings were not clearly erroneous, and its ultimate disposition was not an abuse of discretion.
2. The Henlines were not entitled to enforce the agreement or compel conveyance because the circuit court properly found that they breached the agreement by failing to maintain the property.
3. The adverse-possession claim failed because the Henlines occupied the property by MacKenzie's invitation rather than adversely.

Questions Presented

1. Whether the circuit court's findings after the bench trial were clearly erroneous or its ultimate disposition was an abuse of discretion.
2. Whether the Henlines' breach of the oral agreement's maintenance provision prevented them from enforcing the agreement or compelling conveyance of the property.
3. Whether the circuit court properly rejected the Henlines' adverse-possession claim where their possession began by invitation.

Disposition

affirmed