Eves v. Morgan City Fund

• Decision Date: 02 September 1971
• Docket Number: No. 8536,8536
• Citation: 252 So.2d 770
• Parties: Alexander Porter EVES et al. v. The MORGAN CITY FUND and Shell Oil Co.
• Court: Court of Appeal of Louisiana — District of US

Page 770

252 So.2d 770

Alexander Porter EVES et al. v. The MORGAN CITY FUND and Shell Oil Co.

No. 8536.

Court of Appeal of Louisiana, First Circuit.

Sept. 2, 1971.

Risley C. Triche, of Triche & Sternfels, Napoleonville, for appellants.

G. H. Pierson, Jr., and Wilson S. Shirley, Jr., New Orleans, Bernard E. Boudreaux, Jr., Franklin, Jess Johnson, Jr. and Joseph G. Hebert, New Orleans, Leonard C. Wise, and Edward M. Leonard, Jr., Morgan City, for appellees.

Before LANDRY, SARTAIN and ELLIS, JJ.

LANDRY, Judge.

Plaintiffs appeal the judgment of the trial court dismissing their suit for declaratory judgment recognizing plaintiffs as owners of 75 acres of land, more or less, comprising the E 1/2 of the SE 1/4, Section 12, Township 16 South, Range 12 East, St. Mary Parish, upon defendants' motion for summary judgment based on a plea of estoppel. Appellants also seek an accounting of revenues allegedly received by defendants from minerals and other sources resulting from defendants' possession of the property in dispute. We affirm.

Appellants, Thomas H. Maddox, Julian Eves, Jr., Edward Eves, Nina Eves and Alexander Porter Eves, claim interests in subject property as heirs of Mary Young Eves, daughter of Olympus Young, deceased. Appellants, Agnes Grace Grant, Edward Talbot Grant and Edward Grant Cailleteau, claim as heirs of Eliza Young Talbot, sister of Mary Young Eves and daughter of Olympus Young. Defendants, The Morgan City Found (Fund) and Shell Oil Company (Shell) assert interests derived through the last will and testament by Byrnes M. Young, deceased.

The issues will best be understood by narration of the salient relevant facts and circumstances. Plaintiffs, and defendants alike, trace their title to Olympus Young, husband of Adele Patout, who admittedly acquired subject property by deed dated January 28, 1850, and duly recorded in Book 15, Folio 272, of the Conveyance Records of St. Mary Parish. The property in dispute formed a portion of a 1331 acre plantation owned by decedent Olympus Young. Adele Patout Young died leaving her surviving husband, Olympus Young, and three children of her marriage, namely, Mary Elizabeth Young, Eliza Virginia Young and Pauline A. Young.

Although the exact date of Olympus Young's death is unknown, it is conceded he died prior to August 1, 1870. It is also conceded that Olympus Young was survived by his second wife and widow, Mehitable McLellan Young, his three children of his first marriage, and two sons, Hugh Young and Byrnes M. Young, issue of his second marriage. It is also conceded that Olympus Young's succession was opened by proceedings filed August 1, 1870, and that he left a will leaving his surviving widow and five children his estate in equal portions.

Following the death of Adele Patout Young, the share of her three children, Mary Elizabeth, Eliza Virginia and Pauline A., in subject property was adjudicated to the children's father, Olympus Young. On May 13, 1870, Mary Elizabeth Young, wife of Abram E. Eves, instituted suit against her father for the amount due her pursuant to the mortgage in her favor resulting from the adjudication of her share of the property to her parent. Judgment was rendered in favor of the daughter on May 20, 1870. A fi fa subsequently issued in the proceeding ordering a sale of certain properties belonging to Olympus Young, including the tract in dispute. Thereafter, in the same proceedings, Olympus Young was authorized to purchase, in the names of the Minors Eliza Virginia and Pauline A. Young, at the pending judicial sale, that portion of the property involved which would cover the claims of the named minors against their father. It is conceded that no sale appears of record in the proceedings instituted by Mary Elizabeth Young Eves against her father. It is unknown, therefore, whether a sale did in fact take place in the mentioned proceedings. Likewise, it is unknown, if such a sale did occur, whether it took place before or after the death of Olympus Young. By notarial act dated November 14, 1877, Elizabeth Virginia Young, wife of Edward D. Talbot, Mary Elizabeth Young Eves and Pauline Young, feme sole, declaring themselves 'owners in common in equal shares' amicably partitioned the 1331 acres formerly owned by their father.

The act of partition describes the property allegedly held in common as follows:

'A certain plantation situated about half a mile below the town of Morgan City (late Brashear), in the Parish of St. Mary, Louisiana, bounded in front by Bayou Boeuf, in the rear by lands of R. B. Lawrence, on the East by lands formerly owned by John Collins, and on the west by lands belonging to Mrs. M. M. Young, containing One Thousand Three Hundred and Thirty One (1331) acres, more or less, and formerly owned by Olympus Young.'

It is conceded the above description includes the E 1/2 of the SE 1/4 of Section 12.

Attached to the act of partition is a map by A. Fields which is expressly referred to in the instrument of division. It reflects a division of the 1331 acres into three equal tracts of 443 2/3 acres each. The map also shows the entire property to be divided as being enclosed in red lines appearing thereon. The approximate division lines of the three parcels allotted the respective co-owners are designated thereon by blue lines.

The partition agreement itself recites that the owners 'desire to partition and divide said property between themselves in the following manner: 'The act then allots the westerly 443 2/3 acres of the 1331 acres divided to Eliza V. Young, wife of Edward B. Talbot. Included in the description of the land allotted Mrs. Talbot, the following appears:

'West half of Section Twelve, Township Sixteen, Range Twelve East (W/2 Sec. 12, T. 16 S.R. 12 E) containing Two Hundred and Seventy-Four and Forty-Four Hundredths (274.44 A).'

After allotting the westerly 443 2/3 acres to Mrs. Talbot, the easterly 443 2/3 acres is granted to Pauline Young. The central 443 2/3 acres is then awarded to Mary Young, wife of Dr. Abram E. Eves.

It is conceded that the E 1/2 of the SE 1/4 of Section 12, T. 16, R 12 E., is not specifically described in the act of partition as being allotted to either of the co-owners. Likewise conceded is the fact that the description of property allotted Mary Young Eves contains the following described parcel:

'The East Half of the South West quarter Section Twelve Township Sixteen South Range Twelve East (E 1/2 of S.W. 1/4 Sec. 12, T. 16 S.R. 12 E) containing Seventy-three and Seventy-five Hundredths Acres (73.75 A).

Neither can it be disputed that the E 1/2 of the SE 1/4 of Section 12, T. 16 S.R. 12 E, lies within the red and blue lines of the Fields plat designating the central 443 2/3 acres acquired by Mrs. Eves individually, for the attached Fields plat expressly so shows.

The three parcels formed by the partition agreement are each described as specific portions of governmental subdivisions and by reference to a stated acreage situated east and west of a line drawn along a fixed governmental subdivision line. The partition act concludes with the following recitation:

'It is agreed that the approximate division lines marked on Field's map hereto annexed shall be run by Ernest Gourrier, Surveyor, and shall establish permanent boundaries, the expense of fixing which lines shall be equally shared by the parties to this act.

'It is further agreed that a map made by A. Fields in 1837 shall be annexed hereto for reference, and that an additional map to be drawn by Ernest Gourrier, after he shall have fixed and established permanent boundaries as aforesaid, shall be hereto annexed and that both of said maps shall form part of this act, it is further agreed and stipulated that the boundaries to be fixed and established by said Gourrier on the map to be drawn by him shall be permanent.'

By warranty deed dated January 24, 1881, Mary Young Eves sold subject tract to Ozeme Ditch, who in turn conveyed to Mehitable Young. Defendants claim of ownership is as legatee in the will of Brynes M. Young, the last surviving son of Mehitable Young.

It is undisputed that since the sales by Mary Young Eves and Eliza Young Talbot, subject property has never been claimed by either of said parties, has never been assessed in the name of either of said parties, and has continuously been assessed in the name of defendants and defendants' ancestors in title.

It is conceded that the record in the Succession of Olympus Young does not disclose the date of his death. In essence, appellants contend that since the Succession of Olympus Young shows that he was survived by his five children and his widow whom he instituted as testamentary heir, and since there is no record of a sale of the 1331 acre plantation from Young to his three children by his first marriage, the property still legally belongs to the aforesaid heirs who never partitioned or disposed of same.

Appellants maintain first that the alleged partition of November 14, 1877 was a nullity because it was not a completed act but, as indicated by the hereinabove quoted concluding paragraphs, was not intended by the parties to be complete until the boundaries were marked by Gourrier, Surveyor. Alternatively, appellants argue on authority of Sun Oil Co. v. Smith, 216 La. 27, 43 So.2d 148, and Lang v. Fornea, La.App., 135 So.2d 643, that the partition was void as to all persons having an interest in the property because some of the owners were not parties thereto. Appellants further contend that defendants are relying upon a 'lost or misplaced deed' which cannot be established by parol evidence. By supplemental pleadings, plaintiffs have attacked the will of Byrnes M. Young as being null and void.

Defendants have filed pleas of estoppel and prescription. The plea of estoppel, which was sustained by the trial court, is predicated on the premise that since plaintiffs claim as heirs of Mary Young Eves, Eliza Young Talbot and Pauline Young, they are...