Glenn v. Daniel

• Decision Date: 29 April 1960
• Docket Number: No. 3525,3525
• Citation: 337 S.W.2d 319
• Parties: W. E. GLENN, Guardian, Appellant, v. Agness DANIEL et al., Appellees.
• Court: Texas Court of Appeals

Page 319

337 S.W.2d 319

W. E. GLENN, Guardian, Appellant, v. Agness DANIEL et al., Appellees.

No. 3525.

Court of Civil Appeals of Texas, Eastland.

April 29, 1960.

On Rehearing June 17, 1960.

Rehearing Denied July 15, 1960.

Sam Cleveland, Stephenville, for appellant.

C. O. McMillan, Stephenville, for appellee.

GRISSOM, Chief Justice.

W. E. Glenn, as guardian of the estate of Grover C. Glenn, a person of unsound mind, sued Agness Daniel, widow of Joe H. Daniel, and Miller Daniel for title and possession of a tract of land. Defendants answered that the 609 acres in controversy were purchased by Grover C. Glenn and Joe H. Daniel on November 10, 1942; that Glenn and Daniel were then joint owners and operators of several businesses and were brothers-in-law and that a close family, business and fiduciary relationship existed between them; that Daniel entered into a written contract to purchase said land for $12,794.25, by payment of $200 upon execution of said contract and $8,436.24 upon approval of title and by assumption of a debt of $4,158.01 to the Federal Land Bank; that, in November, before Daniel's purchase was consummated, Glenn suggested that Daniel defer withdrawing his money from Glenn Furniture Company, in which they were both interested, until December, 1942, and that Glenn would advance the 'balance' of the cash payment until December and have the deed made to himself and hold title for both; that Daniel had confidence in Glenn and agreed thereto; that Daniel paid $200 of the purchase price when he executed his contract to buy the land and Glenn paid the balance of the cash payment and took the deed in his name for their benefit; that the land was called the 'Joe D.' ranch and was operated by Daniel and Glenn as a joint enterprise; that on December 19, 1942, Daniel paid Glenn $4,000, which, together with the $200 cash paid by Daniel when he signed his purchase contract and incidental expenses paid by Daniel, constituted one-half of the cash payment; that Glenn was adjudged insane and Daniel was appointed guardian of his estate and filed an inventory showing each owned one-half of said land. Defendants alleged that Joe H. Daniel, deceased, had devised to them his interest in the land. Wherefore, defendants sought judgment establishing their ownership of a one-half interest in the land.

In a trial to the court, judgment was rendered to the effect that Joe H. Daniel in his lifetime had equitable title to a one-half interest in the land, which is now owned by Agness and Miller Daniel. Plaintiff has appealed. They contend, in substance, that the court erred in holding that Glenn held the title to a one-half interest in trust for Joe H. Daniel; that the evidence was insufficient to sustain such finding and that the court erred in admitting certain evidence.

There are no findings of fact or conclusions of law. Therefore, we must presume the court found every fact required to support the judgment, provided it has support in the evidence. Glenn being insane and Daniel dead, the defendants necessarily depended largely on circumstantial evidence. Since the court found for the defendants, we must view the evidence in the light most favorable to them.

There was evidence introduced from which it may have reasonably been concluded that at the time the deed was executed Grover Glenn and Joe Daniel were brothers-in-law and jointly owned and operated other businesses and that a situation of trust and confidence existed between them; Grover Glenn executed a will in which Joe H. Daniel was named a residuary devisee; Glenn's wife executed a will in 1945 in which she bequeathed $10,000 to Joe H. Daniel; Daniel moved on the ranch soon after it was purchased and occupied it as his home until he died and his widow still resides there; it was called the 'Joe D.' ranch and that Daniel instigated the trade and signed a written contract to purchase the land at the price and on the terms it was purchased the next month in the name of Glenn, and Daniel deposited $200 when he signed his contract to buy the land.

The Daniels' allegations that before delivery of the deed to Glenn it was agreed that Daniel would not withdraw his money from their company until December, and Glenn would pay the 'balance' of the cash consideration and take the deed in his name for the benefit of both and that in December, 1942, when it was contemplated Daniel's money could be more suitably withdrawn from their furniture business, it would be withdrawn and one-half of the balance of the cash payment would then be paid by Daniel to Glenn and that thereafter they would jointly discharge the debt due the land bank, is not supported by any direct admissible evidence. A finding that such allegations are true must be based upon the circumstances hereafter mentioned.

There is evidence that Joe H. Daniel paid $200 to the seller when he signed his contract to buy the land. There is no proof that this was a part of the cash consideration paid when Glenn received a deed to the same land, unless it may be inferred from the circumstances shown. Daniel's contract provided that if he should wrongfully fail to consummate his contract, said $200 might be retained by the seller as liquidated damages and paid to the land agent. It is undisputed that Daniel paid Grover Glenn $4,000 in December, 1942; that he paid $500 on the debt to the land bank in May, 1944, and that he and his widow have paid the taxes and the premiums for fire insurance on the improvements thereon since soon after it was purchased.

Hon. Ira Butler, who had known Glenn and Daniel since 1933, and had been an attorney for Glenn Brothers Furniture Company and had represented Daniel as guardian of the estate of Glenn and as administrator of the estate of Glenn's deceased wife, testified that he had in his possession Daniel's contract to buy the land, which stated the same terms as that on which it was purchased in the name of Glenn, and a cancelled check for $4,000, dated December 19, 1942, signed by Daniel and payable to and endorsed by Glenn. Mr. Butler indentified a written statement made to him by Joe Daniel which stated that after Daniel executed a contract to buy the land and deposited $200, he and Glenn agreed to buy the land and it was agreed that Glenn should pay the balance of the cash consideration and Daniel would wait about a...