Brown v. Connor
| Decision Date | 02 May 1940 |
| Docket Number | No. 5481.,5481. |
| Citation | 140 S.W.2d 495 |
| Parties | BROWN et al. v. CONNOR et al. |
| Court | Texas Court of Appeals |
Appeal from District Court, Marion County; R. H. Harvey, Judge.
Suit in trespass to try title by W. T. Connor, Jr., and others against Horace C. Brown and others. A judgment for plaintiffs was entered upon the verdict of a jury, and from an order overruling their motion for new trial, defendants appeal.
Reversed and remanded.
Scott, Hall & Lindsay, of Marshall, for appellants.
Renfro & Kilgore, of Dallas, for appellees.
W. T. Connor, Jr., O. W. Connor, and M. A. Connor filed this suit in trespass to try title against Horace C. Brown, D. B. Oliver, George F. Brown, E. Kelly Brown, John Lingold, and F. M. Scott, individually and as independent executor of the estate of Daisy W. Brown, deceased, for the recovery of Block No. 30, being approximately 50 acres, of the Ennis Ury H. R. Survey in Marion County. In addition to the allegations of statutory trespass to try title, plaintiffs specially alleged that in a deed from the First National Bank of Taylor, Texas, to G. W. Brown and in a deed from G. W. Brown to W. F. Hull that Block No. 21 instead of Block No. 30 as recited therein, was intended to be excepted from said conveyances. Plaintiffs further alleged that Brown Lumber Company was the common source of title. The defendants answered by general demurrer, general denial, and a plea of not guilty.
The Ennis Ury Survey contains a subdivision of thirty blocks numbered from 1 to 30 inclusive, each of which contains approximately 50 acres of land. June 20, 1916, Brown Lumber Company conveyed to the First National Bank of Taylor, Texas, 965 acres out of the Ennis Ury Survey which included Block No. 30. September 19, 1919, the First National Bank of Taylor quitclaimed to G. W. Brown its interest in the whole of the tract of land included within said blocks 1 to 30, inclusive, then excepted therefrom twelve blocks, among those excepted was Block No. 30. September 22, 1919, G. W. Brown and wife, Daisy Brown, conveyed to W. F. Hull by general warranty deed the whole of the tract of land embraced within said thirty blocks, save and except twelve blocks, among those excepted was block No. 30.
November 26, 1923, Mrs. J. Ora Hull by warranty deed reciting that she was "a widow", conveyed to M. C. Hull said thirty blocks of land, less twelve blocks, among those excepted was Block No. 30. December 5, 1923, M. C. Hull and wife conveyed to J. H. Ethridge and C. M. Reid said thirty blocks of land, less twelve blocks, among those excepted was Block No. 30. January 4, 1924, C. M. Reid and wife and J. H. Ethridge conveyed to Mary L. Manning said thirty blocks of land, less twelve blocks, among those excepted was Block No. 30. September 24, 1926 Mary L. Manning conveyed to C. M. Reid said thirty blocks of land, less twelve blocks, among those excepted was Block No. 30. April 29, 1927, C. M. Reid and wife executed a deed of trust to J. M. Curry, Trustee, for the benefit of Connor Brothers, a partnership composed of W. T. Connor, Jr., O. W. Connor, and M. A. Connor, on said thirty blocks of land, except twelve blocks, among those excepted was Block No. 30. June 5, 1934, J. M. Curry, Trustee, acting under the authority contained in said deed of trust, conveyed to said Connor Brothers said thirty blocks of land, except twelve blocks, among those excepted was Block No. 30.
On September 17, 1937, M. C. Hull, Mittie Hull Ward, joined by her husband, Cecil D. Ward, Zelda Mae Currin, joined by her husband, R. W. Currin, Deryl Hull and Fred Hull by quitclaim deed reciting that they were "all of the surviving heirs of W. F. Hull and J. Ora Hull, deceased," quitclaimed to W. T. Connor, Jr., O. W. Connor, and M. A. Connor, all their right, title and interest in and to said thirty blocks of land, save and except twelve blocks. Block No. 30 was not among the blocks excepted from the conveyance. August 3, 1936, the First Taylor National Bank of Taylor, Texas, successor to the First National Bank of Taylor, Texas, by quitclaim deed quitclaimed to F. M. Scott, Independent Executor of the Estate of Mrs. Daisy Brown, deceased, all its right, title and interest in and to said Block No. 30.
Two special issues were submitted to the jury, in response to which they found: (1) That "in the deed from the First National Bank of Taylor to G. W. Brown it was intended to except tract No. 21 instead of tract No. 30"; and (2) "in the deed from G. W. Brown and wife, Daisy Brown, to W. F. Hull it was intended to except from their conveyance tract No. 21 instead of tract No. 30." Defendants' motion for judgment was...
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