Forest Park Properties of Arlington, Inc. v. Padgett
| Citation | 323 S.W.2d 320 |
| Decision Date | 03 April 1959 |
| Docket Number | No. 15991,15991 |
| Parties | FOREST PARK PROPERTIES OF ARLINGTON, INC., Appellant, v. T. W. PADGETT et ux., Appellees. |
| Court | Court of Appeals of Texas. Court of Civil Appeals of Texas |
William L. Bagby, Arlington, and Richard Owens, Fort Worth, for appellant.
Wm. L. Bondurant Arlington, for appellee T. W. Padgett et ux.
George M. Feild, Dallas, for appellee Security Title & Trust Co. of Texas.
Forest Park Properties of Arlington, Inc., sued T. W. Padgett and wife, Anna C. Padgett, in trespass to try title, and Security Title & Trust Company of Texas on its title policy if title filed to any part of the land covered by the policy. The Title Company's motion for summary judgment was sustained; and on trial to the court judgment was rendered that Forest Park Properties take nothing against the Padgetts and that title to the land involved be vested in them. Forest Park Properties appeals.
The land in controversy is a strip about 20 by 557 feet, and the suit involves a construction of the description in several deeds. The agreed common source of title was George W. Fender and wife. The land is part of a tract conveyed by the Fenders to Mrs. Duke, described as follows: 'being forty acres out of the Eleazer Daggett 640 acre survey, patent No. 435 Vol. No. 18, described by metes and bounds as follows: Beginning at the Northwest corner of said Daggett Survey thence south with the west line of said Daggett survey 475 vrs. to a stake on a line with fence on south line of this tract; thence east 475 vrs. to a stake; thence north 475 vrs. to the northeast corner of this tract on the north line of said Daggett Survey; thence west with said line 475 vrs. to the place of beginning.' Mrs. Duke conveyed the 40 acres to Fox and wife, who in turn conveyed it to the Sheffields, both deeds using the same metes and bounds description as in the deed to Mrs. Duke.
By deed dated June 27, 1951, and filed for record October 12, 1955, the Sheffields conveyed to the appellees Padgetts a part of the 40 acre tract, described as beginning 220 feet from the southwest corner of the 40 acre tract, 'Thence North along the east line of Henry Road, 200 feet to an iron stake for corner; Thence East 544.5 feet to an iron pipe for corner; Thence South 200 feet to an iron pipe for corner; Thence West 544.5 feet to the place of Begining and containing 2 1/2 acres of land, more or less.'
Mr. Sheffield having died, Mrs. Sheffield on July 29, 1952, by deed filed for record August 14, 1952, conveyed to the Padgetts a tract described as beginning at the southwest corner of the 40 acre tract; thence north along its west line 220 feet to a point for corner, 'said point being the Southwest corner of a 2 1/2 acre tract now owned by T. W. Padgett et ux.'; thence east along the south line of the 2 1/2 acre tract to its southeast corner; thence north with its east line and parallel with the west line of the 40 acre tract 200 feet; thence east 50 feet; thence south and parallel with the west line of the 40 acre tract 420 feet for corner in its south line; thence west with the south line 594.5 feet to the beginning.
By deed dated April 1, 1953, and filed for record September 8, 1953, Mrs. Sheffield conveyed to the Padgetts a tract described as beginning 'at the point in the West line of said 40-acre tract 420 feet North of the Southwest corner, said point being the Northwest corner of a tract now owned by Travis W. Padgett; Thence, North with the west line of said 40-acre tract, 137 feet to point for corner; Thence, East parallel with the South line of said 40-acre tract 594.5 feet to point for corner; Thence, South parallel with the West line of said tract 137 feet to the Northeast corner of the Padgett tract; Thence, West parallel with the South line of said tract and along the North line of the Padgett tract 594.5 feet to the place of beginning.'
On February 9, 1956, Mrs. Sheffield conveyed to appellant a tract out of the same 40 acres described as follows: 'Beginning at the Northwest corner of said Daggett Survey and the Northwest corner of said 40 acre tract; Thence South with the West line of said Survey 763 feet to the Northwest corner of a tract of land conveyed to Travis W. Padgett by Grantor herein by deed dated April 1, 1953, and recorded in Volume 2610, Page 145, of the Deed Records of Tarrant County, Texas; Thence East with the North line of said Padgett tract 594.5 feet to point for corner; Thence South parallel with the West line of said Survey and along the East line of a 7 1/2 acre tract owned by Padgett, 557 feet to point for corner in the South line of said 40 acre tract; Thence East with the South line of said 40 acre tract 725.5 feet to its Southeast corner; Thence North with the East line of said 40 acre tract 1320 feet to the Northeast corner of said 40 acre tract; Thence West with the North line of said Survey and the North line of said 40 acre tract, 1320 ft. to the Place of Beginning; containing 32.37 acres of land more or less.'
Appellant's points for reversal are that (1) the description in the deeds was not ambiguous; (2) the appellees Padgetts did not connect with the common source of title; (3) the appellees Padgetts were not...
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Terrill v. Tuckness, 04-97-00877-CV
...may be found when the land description in the deed is applied to the ground. Forest Park Properties of Arlington, Inc. v. Padgett, 323 S.W.2d 320, 322 (Tex.Civ.App.--Fort Worth 1959, writ ref'd n.r.e.). Pleading According to the Terrills, ambiguity is an affirmative defense that must be sup......
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Cammack v. George
...he did so by granting affirmative relief for title instead of a take nothing judgment was not improper. Forest Park Properties of Arlington, Inc. v. Padgett, Tex.Civ.App., 323 S.W.2d 320 (ref. n. r. By reason of our conclusions as to the quantum of the estate received by appellee George S. ......
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Stedman v. Stedman
...Gossett v. Local Union No. 185, 361 S.W.2d 957 (Tex.Civ.App.--San Antonio 1962, no writ); Forest Park Properties v. Padgett, 323 S.W.2d 320, 324 (Tex.Civ.App.--Fort Worth 1959, writ ref'd n.r.e.). And while the order recites that the action is to be dismissed "with prejudice," the only issu......
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Gossett v. Local Union No. 185
...this cause be, and the same is hereby dismissed from the docket of this Court.' (Emphasis ours.) See, Forest Park Properties of Arlington, Inc. v. Padgett, Tex.Civ.App., 323 S.W.2d 320. Looking beyond the label given the proceeding herein, and considering substance rather than form, the so-......