Chenoworth v. Flannery, 5785.

• Decision Date: 19 May 1947
• Docket Number: No. 5785.,5785.
• Citation: 202 S.W.2d 480
• Parties: CHENOWORTH v. FLANNERY.
• Court: Texas Court of Appeals

202 S.W.2d 480

CHENOWORTH v. FLANNERY.

No. 5785.

Court of Civil Appeals of Texas. Amarillo.

May 19, 1947.

Appeal from District Court, Dallas County; W. L. Thornton, Judge.

Proceeding in the nature of a bill of interpleader by the Republic Safe Deposit Company against James Crawford Chenoworth, and Katherine Flannery to determine ownership of safety deposit box contents. From a judgment dividing the currency therein equally between the defendants, James Crawford Chenoworth appeals.

Affirmed.

Bonney, Paxton & Wade, of Dallas, for appellant.

Hughes & Monroe, of Dallas, for appellee.

STOKES, Justice.

This is a proceeding in the nature of a bill of interpleader, instituted by Republic Safe Deposit Company, a corporation against the appellant, James Chenoworth, and the appellee, Katherine Flannery. It was alleged by the safe deposit company that both of these parties were laying claim to the contents of a safety deposit box which the plaintiff had theretofore leased or rented to their ancestors; that the plaintiff was an impartial stakeholder, and it tendered into court the box and its contents, the latter to be disposed of in such manner as might be decreed by the court after a hearing of the claims of the parties respectively.

The record shows the deposit box contained numerous ancient gold coins and other jewelry, such as diamond rings and rings set with other precious stones, some bonds and numerous other articles not necessary to mention. It also contained $1,495 in currency.

The appellant and the appellee were duly cited to appear and answer and in proper order they filed answers setting up conflicting claims to numerous articles found in the box including the currency. During the trial, however, an amicable adjustment was made of all of the articles except the currency. Issue was joined and the case tried, therefore, upon the question of ownership of the currency. The case was submitted to the court without the intervention of a jury and resulted in a judgment decreeing to the parties respectively the articles of jewelry and bonds in accordance with the adjustment made by them. The court found that the $1,495 in currency belonged to J. M. Wiggins, deceased, the grandfather of appellant and appellee, and it was, therefore, divided equally between them. Appellant duly excepted to the judgment and perfected an appeal to the Court of Civil Appeals of the Fifth District at Dallas and the case was transferred to this court by an order of the Supreme Court equalizing the dockets of the courts of civil appeals.

The record reveals that J. M. Wiggins died in December, 1943, his wife having preceded him several years; that they left surviving them two daughters, Mrs. Katie Bell White and Mrs. Bertha M. Beckwith. Mrs. White died February 10, 1945, leaving as her only heir at law a son, the appellant, James Crawford Chenoworth, and Mrs. Beckwith died in 1938, leaving as her only heir at law a daughter, the appellee Katherine Flannery. It is further shown by the evidence that for a number of years before the death of either Mrs. White or Mrs. Beckwith, the safety deposit box had been maintained by them under a contract of rental and that numerous articles belonging to each of them as well as other members of their families, had been stored in the box and maintained there for safekeeping. The box was first held in the name of Mrs. Beckwith but afterwards transferred to the name of Mrs. White. The rental contract contained a provision, however, that both of them should have access to it. The currency in dispute was enclosed in an envelope upon which was printed the return address of Interstate Theatres and the name of Katie Bell White was typewritten upon it.

Appellant contends that the court erred in dividing the currency equally between him and the appellee because there was no evidence to support a finding to that effect or, if there was any evidence, it was wholly insufficient to support the decree of the court. His contention is based upon the fact that the deposit box was maintained in the name of his mother, Katie Bell White, and that the currency was found in the envelope upon which her name was written. He asserts that his mother, therefore, not only had possession of the safety deposit box at the time of her death, but that the currency was identified by the name on the envelope as being her property. He invokes the rule that possession of personal property is prima facie evidence of ownership and that appellee did not produce sufficient evidence to overcome the prima facie case thus made by him.

It is well settled that possession of personal property carries with it the presumption of ownership but appellant is not justified in invoking the rule in this case because the evidence was to the effect that the deposit box was maintained for the benefit of both his mother and the mother of appellee. It was a joint tenancy and both of them had access to it by virtue of the rental contract under which it was held. Moreover, it contained numerous articles belonging to each of them and the members of each of their families. It cannot be said, therefore, that appellant's mother, Mrs. White, had exclusive possession of the deposit box. Mrs. Beckwith's possession was fully equal to that of her sister, Mrs. White.

We are not impressed with appellant's contention concerning the envelope in which the currency was found because, while the name of his mother was written thereon, the evidence indicates that her address was also...