Craft v. Hahn

• Decision Date: 11 January 1952
• Docket Number: No. 2908,2908
• Citation: 246 S.W.2d 897
• Parties: CRAFT et al. v. HAHN et al.
• Court: Texas Court of Appeals

Page 897

246 S.W.2d 897

CRAFT et al. v. HAHN et al.

No. 2908.

Court of Civil Appeals of Texas, Eastland.

Jan. 11, 1952.

Rehearing Denied Feb. 22, 1952.

T. R. Odell, Lubbock, for appellants.

Morris G. Watson, Roby, for appellees.

LONG, Justice.

Appellees filed this suit in trespass to try title to 1/8th interest in the mineral in 656 acres of land in Stonewall County. They also filed an alternative plea that a mineral conveyance from appellants to appellees which, upon its face, conveys a 1/64th interest in the minerals in and under the land was meant to convey a 1/8th interest in the minerals. Appellants answered by general denial, a plea of not guilty and further plead the three, five, ten and twenty-five year Statute of Limitation. Vernon's Ann.Civ.St. arts. 5507, 5509, 5510, 5519. The court submitted the following special issue to the jury: 'What mineral interest do you find from a preponderance of the evidence was meant to be conveyed by the defendants, J. J. (Joe) Craft and Jesse F. Craft, to the plaintiff, Mrs. Addie Hahn, under the mineral deed dated March 10, 1926?'

To this issue the jury answered 1/8th. The court entered judgment for appellants for all of the land involved except an undivided 1/8th interest in oil and gas and other minerals therein which 1/8th interest was vested in appellee, Mrs. Addie Hahn. J. J. (Joe) Craft, and others, have appealed.

Appellants, by their first point, contend the court erred in refusing to give an instructed verdict in their favor. Rule 268, Texas Rules of Civil Procedure, provides that a motion for directed verdict shall state the specific grounds therefor. We find no such motion in the record. Appellants excepted to the court's charge for its failure to direct a verdict in their favor, but the exception does not give any reason or state any grounds therefor. Consequently, under Rule 268 and Honea v. Coca Cola Bottling Co., Tex.Civ.App., 182 S.W.2d 512; Wright v. Carey et al., Tex.Civ.App., 169 S.W.2d 749; Johnson Aircrafts, Inc., v. Wilborn et al., Tex.Civ.App., 190 S.W.2d 426; Patrick v. McGaha, Tex.Civ.App., 164 S.W.2d 236; Reeves v. Houston Oil Co. of Texas, Tex.Civ.App., 230 S.W.2d 255, we must overrule this point.

Furthermore, appellants did not file a motion for judgment notwithstanding the verdict.

By other points, appellants challenge the sufficiency of the evidence to sustain the verdict of the jury. The jury found that it was the intention of appellants to convey to appellees 1/8th of the minerals in and under the land in question. Appellants say the evidence is insufficient to show that appellants intended to convey 1/8th of the mineral. J. J. Craft, Sr. and wife, Rosa A. Craft, were the father and mother of appellants, J. J. (Joe) Craft and Jesse Craft, and appellee, Mrs. Addie Hahn. J. J. Craft, Sr. and wife conveyed all of the land to J. J. (Joe) Craft and J. F. Craft. Mrs. Hahn became dissatisfied with this arrangement and contended even though her father and mother were living, that she was entitled to a child's part in the land. There were eight children in the family of J. J. Craft, Sr. and wife, Rosa A. Craft. In 1926 negotiations were begun between the parties looking to a settlement of the controversy. At that time, there was some oil activity in the community and Arkansas Gas & Fuel Company held an oil and gas lease upon the land. Mrs. Hahn testified positively that it was her understanding that she was to receive an undivided 1/8th interest in the minerals. Her husband testified to the same effect. J. J. (Joe) Craft testified as follows:

'Q. Did you intend to convey to her one barrel out of every sixty-four? A. Ed Hahn come down and he put it to us, a well making sixty-four barrels, she would get one and we would get sixty-three. That's the way he explained it.

'Q. A well making sixty-four barrels, she would get one? A. Yes, sir.'

Jesse Craft testified as follows:

'Q. You proposed by that instrument, according to your testimony, to convey to her 1/64th of the minerals? A. Yes.

'Q. That is, one barrel out of every sixty-four barrels that might be produced from that land? A. Yes, sir.'

Another witness testified for appellee and substantiated to a certain extent the testimony of Mr. and Mrs. Hahn. The mineral deed dated March 26, 1926 provided, in part, that appellants conveyed, assigned and delivered to appellees, Mr. and Mrs. Hahn, an undivided 1/64th interest in and to all of the oil, gas and other minerals in and under and that might be produced from the land. It contained thereafter the following provision: 'Said land being now under an oil and gas lease executed in favor of Arkansas Fuel Oil Company it is understood and agreed that this sale is made subject to the terms of said lease, but covers and includes 1/8 of all the oil royalties and gas rental or royalty due and to be paid under the terms of said lease.'

There is no provision in the mineral deed as to the royalty to be paid under any future oil and gas lease.

We have concluded from all of the facts and circumstances in this case that the jury was justified in...