Stewart v. Patterson

• Decision Date: 06 April 1918
• Docket Number: (No. 8839.)
• Citation: 204 S.W. 768
• Parties: STEWART et al. v. PATTERSON.
• Court: Texas Court of Appeals

204 S.W. 768

STEWART et al. v. PATTERSON.

(No. 8839.)

Court of Civil Appeals of Texas. Ft. Worth.

April 6, 1918.

Rehearing Denied May 4, 1918.

Appeal from District Court, Tarrant County; R. E. L. Roy, Judge.

Action by W. P. Stewart and another against J. P. Patterson. From the judgment rendered, plaintiffs appeal. Affirmed.

W. B. Paddock, F. M. Bransford, and Theodore Mack, all of Ft. Worth, for appellants. McLean, Scott & McLean, of Ft. Worth, for appellee.

BUCK, J.

Suit was instituted by appellant W. P. Stewart against the appellee May 29, 1914, in the District Court of Tarrant county. Plaintiff alleged that he was in possession since January 1, 1914, of a certain tract of land situated in Tarrant county, which had growing thereon a crop of oats about ready for harvesting, and that plaintiff was ready, expecting, and desirous of beginning the harvesting of said oats at the earliest practicable moment that the land should become sufficiently dry to permit the same; that the defendant had interfered, and was threatening to further interfere, with plaintiff's employés working on said premises, and had ordered them to desist and refrain from doing the work they had been instructed to do on said premises, and with threats of violence and by orders given by assumed authority had instructed them to leave said premises and to do no further work thereon; that defendant had threatened plaintiff with violence while on said premises and had sought to intimidate him, and thereby prevent him from cutting and harvesting his said crop of oats. It was further alleged that plaintiff feared that defendant would attempt by violence to interfere further and prevent the harvesting of said oats, and that the crop would be partially or wholly lost or destroyed by excessive rains and other causes, unless defendant was restrained by the court. It was further alleged that defendant was insolvent, "and that it would be wholly impossible for petitioner to collect from him by law any damage for his wrongful acts, trespass, and interference," and an injunction was prayed for. Upon submission to the court of the petition for injunction the writ was issued.

Defendant, Patterson, filed his answer, alleging:

That he had made and entered into a valid lease contract with H. S. Anderson, the owner of the described property, and in said rental contract it was provided and agreed by said parties that defendant was to have the use, occupation, and enjoyment of said tract of land for one year beginning on the ____ day of October, 1913, and that in consideration therefor defendant would pay unto said Anderson a rental of two-fifths of the oat crop which defendant was to plant on said land, and in pursuance of said agreement defendant entered into possession of said land, "and did sow an oat crop thereon, and thereafter and prior to the filing of this suit the said H. S. Anderson and W. P. Stewart, plaintiff herein, conspired and confederated together to dispossess defendant and to take his oat crop which was then growing on said land, and which promised to make a good crop, and that in pursuance of said conspiracy upon the part of said Anderson and said Stewart they thereafter claimed and pretended to this defendant that said land had been rented by the said Stewart, and the said Anderson claimed and pretended that he, the said Anderson had rented said lands to the said Stewart before he had rented same to defendant, and the said Stewart claimed and pretended that he, the said Stewart, had rented said land from the said Anderson before Anderson had rented the same to defendant, and defendant here avers that each and all of said acts and claims were false pretensions, and that the same were made in pursuance and in consummation of said scheme and said conspiracy," etc.

Defendant further alleged that the crop harvested by said plaintiffs, to which defendant was entitled to a two-fifths interest, consisted of the following and of the respective value shown: 975 bales of baled oats of the value of 40 cents a bale, of a total of $390; 600 bushels of oats of the value of 60 cents a bushel, of the total value of $360 — making a grand total of $750. Wherefore defendant prayed that Anderson be cited, and that on final hearing defendant have judgment against said Anderson and said Stewart, jointly and severally, for the sum of $450, and all costs of suit, etc.

Anderson filed his answer, pleaded his privilege to be sued in Dallas county, the county of his residence, pleaded a misjoinder of cause, etc. He further denied the allegations of conspiracy contained in the cross-plea of the defendant, Patterson, and denied that he had entered into any contract with Patterson as claimed by him for the possession and use of the land. Other pleadings were filed, but we think sufficient has been stated to present the issues involved, except that it may be proper to state that plaintiff's petition alleged that if defendant was not restrained it would cause "your petitioner great and irreparable loss, the amount of which, because of the circumstances and because of the conditions and character of the crop, your petitioner is unable and it would be impossible to estimate or ascertain," and further it was prayed that defendant be "restrained from interfering in any way or manner with your petitioner's possession or the right of possession to said crop and to said premises."

Trial was had February 15, 1917, and the cause was submitted to the jury on special issues. The jury found: (1) That Anderson did agree with Patterson that the latter should have the use of the 66-acre tract of land for the purpose of planting and harvesting the oat crop thereon for the year 1914; (2) that such agreement was made October 14, 1913; (3) that Anderson did not agree with Stewart that the latter should have the use of said land for the purpose of planting and harvesting an oat crop thereon; (4) that Stewart and Anderson had conspired together to dispossess Patterson and to take the oat crop which was growing on said land, for the purpose of appropriating the same to their own use and benefit, and of depriving said Patterson of his rights in said crop; (5) that said Anderson and Stewart, in pursuance of such conspiracy, did dispossess said Patterson and did appropriate to their own use and benefit the crop produced on said land during the period of time in controversy in this suit; (6) that the reasonable market value of the baled oats and threshed oats produced on said land during the year 1914 was 25 cents per bale for the baled oats and 40 cents per bushel for the threshed oats; (7) that Anderson advised Patterson that he had leased the said property to Stewart, said advice being by means of letters dated October 14 and 27, 1913; (8) that the total expense of harvesting the said crop of oats was $217.82. Upon this verdict the court entered judgment that Patterson recover from Stewart and Anderson the sum of $263.65, with interest thereon from date of judgment at 6 per cent. per annum, together with all costs, and that plaintiff recover nothing as against Patterson, and that the injunction theretofore issued be dissolved. It was further decreed that H. S. Anderson take nothing by reason of his cross-action against Patterson. In explanation of this last portion of the judgment it should be stated that in his answer Anderson alleged that defendant Patterson owed him the sum of $31 for oats, and that he owed Patterson for work in the sum of $15, and that it was agreed between them that Patterson should pay to Anderson the sum of $16, which he had not done, and Anderson prayed for judgment in the amount claimed to be owing by Patterson. From this judgment Stewart and Anderson have appealed.

Appellants present as fundamental error the claim:

That the trial court was without jurisdiction of the cause "for the reason that there was no allegation in the petition as to the value of the use and occupancy of the land and of the crop that was growing thereon with the harvesting of which it was alleged that the defendant, Patterson, was interfering. Nor did the cross-action or plea in reconvention asserted by the defendant, Patterson, against the plaintiff Stewart and against Anderson confer jurisdiction upon the district court, for the reason that under the allegations thereof only the sum of $450 was claimed by the defendant against the plaintiff Stewart and against Anderson."

It is a peculiar situation when plaintiff, who has invoked the jurisdiction of a court to grant him relief and has been cast in the suit, reverses his attitude, and denies the jurisdiction of his chosen tribunal to award him the relief for which he prayed, and, in this case, partially received. However, since the jurisdiction over the subject-matter of the suit may not be waived and...