Powell v. Wiley, 2459-8042.

Citation170 S.W.2d 470
Decision Date21 April 1943
Docket NumberNo. 2459-8042.,2459-8042.
PartiesPOWELL et al. v. WILEY et al.
CourtSupreme Court of Texas

The respondents, Mrs. Larue Wiley and her husband, instituted this suit against the petitioners, Mrs. Madge Powell and Mrs. Pansy Ruth McCutcheon and her husband. The object of the suit is to establish the equitable title and right of possession claimed by Mrs. Wiley under a parol gift of a certain tract of 128 acres of land in Cass County. The gift is alleged to have been made by Mrs. Powell to Mrs. Wiley in the year 1934. Mrs. McCutcheon holds a warranty deed to the same tract of land, which was duly executed to her by Mrs. Powell in the year 1940.

The case was tried in the district court before a jury and, upon special issues submitted to them, the jury found the following facts: (1) That on or about January 1, 1934, Mrs. Powell "made an oral gift of the land to Mrs. Larue Wiley"; (2) that the Wileys did not go into "exclusive possession" of said land after the gift; (3) that the Wileys "made permanent and valuable improvements on said land after they went into possession thereof"; (4) that the value of such improvements was $500; (5) that Mrs. Powell knew that said improvements were being made; (6) that the Wileys relied on the said oral gift of said land "in making said improvements."

The following facts were established by undisputed evidence: Several months prior to January 1, 1935, Mrs. Powell, who was owner of the land in controversy, orally declared her purpose to give the land to Mrs. Larue Wiley. Afterward, on or about the date named, she put the Wileys in possession of the tract, and the latter have resided upon and cultivated the land ever since. Mrs. Powell resided on a separate tract of land located several miles away, but frequently visited the Wileys. In the year 1940, Mrs. Powell deeded the said tract of land to Mrs. McCutcheon. At that time, the possession of the land by the Wileys was—as it had been for several years before — of such apparently exclusive character as to charge subsequent purchasers with...

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10 cases
  • McCuen v. Huey
    • United States
    • Texas Court of Appeals
    • April 30, 2008
    ...donee with the donor's consent. Id. To prove this element, a plaintiff must show "actual possession" of the realty. Powell v. Wiley, 141 Tex. 74, 170 S.W.2d 470, 471 (1943); Hernandez v. Alta Verde Indus., Inc., 666 S.W.2d 499, 503 (Tex.App.-San Antonio 1983, writ ref'd n.r.e.); accord Harr......
  • Root v. Mecom
    • United States
    • Texas Court of Appeals
    • August 19, 1976
    ...adverse to the donor. There must be a complete surrender of possession by the donor." (Citing authorities) See also Powell v. Wiley, 141 Tex. 74, 170 S.W.2d 470 (1943). As for the claim of adverse possession, we are unable to see how 'Little Harvey' could claim adversely to John W. Mecom af......
  • Barrick v. Gillette
    • United States
    • Texas Court of Appeals
    • April 6, 1945
    ...190, 166 S.W.2d 904; Wichita Falls & Okl. R. Co. v. Pepper, 134 Tex. 360, 135 S.W.2d 79; 3 Tex. Jur. 1066, sec. 752; Powell v. Wiley, 141 Tex. 74, 170 S.W.2d 470, 472; McKee v. Reed, Tex.Civ.App., 166 S.W.2d 353, 358 (writ ref.); 18 Tex. Law Rev. 453; Vanover v. Henwood, 136 Tex. 348, 351, ......
  • Wright v. Vernon Compress Co.
    • United States
    • Texas Supreme Court
    • November 28, 1956
    ... ... ref.; Greenwood v. Senter, Tex.Com.App., 61 S.W.2d 812; Wiley v. Powell, Tex.Civ.App., 164 S.W.2d 242, reversed on another ground in 141 Tex. 74, 170 S.W.2d 470 ... ...
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