Gillam v. Baker, 11787.
| Decision Date | 20 June 1946 |
| Docket Number | No. 11787.,11787. |
| Parties | GILLAM et al. v. BAKER. |
| Court | Texas Court of Appeals |
Appeal from Harris County Court; Ben Moorhead, Judge.
Forcible entry and detainer suit by Elbert Baker, administrator, against Almeta Gillam and another. The suit was originally brought in a justice court of Harris county. From an adverse judgment in the justice's court, the plaintiff appealed to the County Court at Law of Harris county. Judgment was rendered therein in favor of the plaintiff, and the defendants appeal.
Appeal dismissed in part and judgment partly affirmed.
See, also, 195 S.W.2d 824.
Lawrence Lipper, of Houston, for appellants.
Samuel Schwartz and McFarlane & Dillard, all of Houston, for appellee.
This is an appeal from a judgment of the County Court at Law of Harris County in a forcible entry and detainer suit originally brought in a justice court of Harris County by appellee, Elbert Baker, as administrator, to recover from appellants, Almeta and Pullam Gillam, the possession of certain premises designated as 3216 Dowling Street in the City of Houston. From an adverse judgment in the justice court appellee appealed to the county court at law of Harris County.
In a trial in the county court at law a jury found, in answer to special issues submitted, that appellants had leased the premises in question from appellee upon a month to month basis and had agreed to pay the sum of $30 per month as rental for the use and possession thereof. They found $30 to be the reasonable monthly rental value of the premises. It is undisputed in the record that appellants failed to pay rental for 22 months of the period during which they were alleged to have occupied the property as tenants of appellee, a total of $660. It was stipulated by the parties that the legal services rendered in behalf of appellee were of the reasonable value of $150. Judgment was rendered in favor of appellee for the recovery of possession of said premises and for writ of restitution and for damages for rentals and attorneys' fees in the total sum of $810.
Appellants' defense in the trial court was based upon their claim of title to the premises under an unproduced will of Sallie Mays Jenkins. No attempt had been made by them to establish or probate such will by proceedings in any court having probate jurisdiction. It was established on the trial that appellants paid rent to appellee from June 1, 1943, through January, 1944, and that they had failed to pay the rentals due subsequent to that time, and that written demand made upon them for possession of the premises had been refused.
Article 3973, Section 3, Vernon's Ann. Civil Statutes, provides that if any person shall wilfully and without force hold over any lands, tenements or other real property after the terminations of the time for which such premises were let to him, after demand made in writing for the possession thereof by the person or persons entitled to such possession, such person shall be adjudged guilty of forcible entry and detainer or of forcible detainer, as the case may be.
Article 3992, Vernon's Ann.Civil Statutes, provides that "The judgment of the county court finally disposing of the cause shall be conclusive of the litigation, and no further appeal shall...
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