Bruton v. Braselton

• Court: Louisiana Supreme Court
• Writing for the Court: LAND, J.
• Citation: Bruton v. Braselton, 101 So. 873, 157 La. 63 (La. 1924)
• Decision Date: 03 November 1924
• Docket Number: 26364
• Parties: BRUTON v. BRASELTON et al. (two cases)

101 So. 873

157 La. 63

BRUTON v. BRASELTON et al. (two cases)

No. 26364

Supreme Court of Louisiana

November 3, 1924

Appeal from Third Judicial District Court, Parish of Claiborne; J E. Reynolds, Judge.

Consolidated suits by Mrs. Minnie Lee Bruton against Leo Braselton and others. Judgment for defendants, and plaintiff appeals.

Affirmed.

J. Rush Wimberly, of Arcadia, for appellant.

Tinsley Gilmer and Thigpen, Herold, Lee & Cousin, all of Shreveport for appellees.

OPINION

LAND, J.

The plaintiff, wife of A. B. Bruton, instituted two separate suits in the district court of Claiborne parish, to recover an undivided one-eighth interest in a 20-acre tract, and an undivided one-eighth interest in a 40-acre tract, as one of the seven heirs of J. E. Powell and Mrs. E. J. Powell deceased father and mother of claimant. The property in controversy is alleged to have been acquired by decedents during the existence between them of the community of acquets and gains. These suits were consolidated for trial.

In the first suit, No. 5578, plaintiff seeks to recover of Leo Braselton and the Z. & L. Drilling Company, his lessee under a mineral lease, an undivided one-eighth interest in and to the N. 1/2 of the S.W. 1/4 of the N. E. 1/4 of section 27, township 23 north, range 8 west, containing 20 acres, and all the oil taken from said land, prior to the filing of her suit, and that may be thereafter taken.

Plaintiff alleges that her father, J. E. Powell, and A. P. Powell owned this property in indivision, one-half each, having acquired two-thirds interest in said property from J. J. Bond by deed recorded December 19, 1889, and the other one-third from H. M. Hogue by deed recorded December 23, 1891, and that at her death plaintiff's mother still owned a three-eighths interest in said property.

Nathan W. Peters acquired the S. 1/2 of the N. E. 1/4 of section 27, township 23 north, range 8 west, from the United States by entry July 9, 1859. This entry includes the S.W. 1/4 of the N. E. 1/4 of this section, and necessarily the N. 1/2 of the S.W. 1/4 of the N. E. 1/4, claimed by plaintiff in this suit. The title to this property, however, has never passed out of Peters, the original entryman. The first break in the chain of title is a recorded deed from Mark Meeks to J. W. Cobb, of date April 15, 1869, conveying the S. 1/2 of the N. E. 1/4 of section 27, township 23 north, range 8 west.

The second break in the chain of title is a recorded deed to this property from J. J. Bond to J. E. Powell, A. P. Powell, and H. M. Hogue, of date December 19, 1889.

It is therefore clear that plaintiff has no title to the property in question, as the vendors of plaintiff's authors in title were without title derived from the true owner, Nathan W. Peters, unless plaintiff has acquired title by the prescription of 10 years acquirendi causa, set up in aid of her title. This prescription is based upon alleged actual possession of the property in dispute by J. E. Powell, A. P. Powell, and H. M. Hogue from J. J. Bond, under recorded deed of date December 19, 1889. The record in this case, however, is barren of evidence to show that the vendees of Bond were ever in the physical possession of said land. The prescription of 10 years is therefore overruled. R. C. C. art. 3487.

In the second suit, No. 5579, in the district court of Claiborne parish, plaintiff endeavors to recover of Leo Braselton and the Humble Oil & Refining Company, his lessee under a mineral lease, an undivided one-eighth interest in the S. 1/2 of the S.W. 1/4 of the N. E. 1/4 and in the N. 1/2 of the N.W. 1/4 of the S. E. 1/4 of section 27, township 23 north, range 8 west, a 40-acre tract. Plaintiff sues also for the recovery of the value of the oil alleged to have been taken from the property.

Thomas McAdams, acquired the W. 1/2 of the S. E. 1/4 of section 27, township 23 north, range 8 west, by entry from the United States December 23, 1856. The description of the property embraced in this entry includes the N.W. 1/4 of the S. E. 1/4 and the N. 1/2 of the N.W. 1/4 of said quarter, claimed by plaintiff in this suit.

McAdams the original entryman, has never conveyed title to the property in dispute to any one. The first break in the chain of title is a recorded deed from A. I. Waters, executor of the succession of G. Winn, deceased, to G. T. Winn, of date January 7, 1867, conveying the S. E. 1/4 of section 27, township 23 north, range 8 west. By recorded deed of date July 9, 1875, G. T. Winn conveyed to R. P. Bond the N. 1/2 of the S. E. 1/4 of section 27, township 23 north, range 8 west. The second break in the chain of title is a recorded deed, of date December 19, 1889, from J. J. Bond to J. E. Powell, A. P. Powell and H. M. Hogue. On...