Haring v. Shelton

• Decision Date: 03 November 1909
• Citation: Haring v. Shelton, 122 S.W. 13, 103 Tex. 10 (Tex. 1909)
• Parties: HARING et al. v. SHELTON et al.
• Court: Texas Supreme Court

Page 13

122 S.W. 13

HARING et al. v. SHELTON et al.

Supreme Court of Texas.

November 3, 1909.

Error from Court of Civil Appeals of First Supreme Judicial District.

Action by J. W. Shelton and others against J. G. Haring, in which the First National Bank of Crockett intervened. There was a judgment of the Court of Civil Appeals (114 S. W. 389) affirming a judgment for plaintiffs, and defendant and intervener bring error. Affirmed.

Nunn & Nunn, for plaintiffs in error. Aldrich & Crook, for defendants in error.

BROWN, J.

From the opinion of the Court of Civil Appeals we copy the following statement of the case: "In this case J. W. Shelton et al. sue J. G. Haring in trespass to try title to recover a tract of land. The First National Bank of Crockett intervened, setting up that it had acquired Haring's title. Upon trial without a jury the plaintiffs had judgment for an undivided four-ninths of the land sued for, and from the judgment defendants appeal. Conclusions of fact and law by the court were filed. The case turned upon the validity of a deed to Haring by C. C. Shelton, surviving widow, in her own right and as independent executrix of W. M. Shelton, ancestor of plaintiffs, to convey the land, and the effect of this deed depended upon: (1) The existence of debts against the estate of the testator at the date of the deed, to authorize the independent executrix to sell, and (2) upon the estate vested in her as devisee by the terms of the will, as authorizing her to convey in her own right. If the existence of such debts was shown, and, if not, if the will vested in her the entire estate instead of an estate limited to her widowhood, her deed conveyed the land, and plaintiffs in either event were not entitled to recover. The court found on both issues against the defendants. W. M. Shelton was twice married. Appellees (plaintiffs below) are some of the children of the first marriage. Shelton and his first wife owned in community a tract of land in Falls county. After the death of the first wife and the second marriage to C. C. Shelton, Shelton exchanged the Falls county land for land in Houston county, of which the land in controversy is a part, taking the title to the Houston county land to himself and his second wife, C. C. Shelton. Shelton died leaving a will which was duly probated, wherein he named his wife independent executrix, after devising to her his entire estate, in the following language: `I give and devise unto my beloved wife, C. C. Shelton, her heirs and assigns forever, the following described tracts or parcels of land, to wit: A tract of 51 acres in Houston county, Texas, about 4 miles N. W. from the town of Crockett, and fully described in a deed to me by H. G. Sanders, bearing date June 11, 1892. Also a tract of 210 acres of land in said county and state, on the Wm. White headright survey, about 4 miles N. W. from the town of Crockett, and fully described in the above-mentioned deed from H. G. Sanders to me, except 50 acres heretofore sold by me to Alex Anderson, which is reserved out of the said 210 acres tract, said two tracts being formerly known as the West Christian place, and now occupied by me and my said wife as our homestead, and it is my will that my said wife, C. C. Shelton, and her heirs shall hold said lands in fee simple forever, or so long as she shall remain a widow.' No express power to sell is given by the will. Shelton died in 1893. In 1895, two years after Shelton's death, Mrs. Shelton in her own right, and as independent executrix, executed to J. G. Haring a deed to the land in controversy, reciting that it was done to pay debts of the estate. Mrs. Shelton married again in 1903. The suit was filed in 1904. She died after the suit was filed and before trial."

It is unimportant to the disposition of this case whether the property in question was the community property of Shelton and his first wife or not, unless we shall find it necessary to reverse the judgment of the Court of Civil Appeals upon one or both of the following propositions, which are contended for by the plaintiffs in error in this case: (1) It is claimed that the trial court and Court of Civil Appeals erred in finding and holding that there were no debts against the estate of Shelton at the time of the sale made by his widow to Haring, and therefore that the sale was not made for the purpose of paying the debts due from Shelton's estate. (2) It is contended by plaintiffs in error that the trial court and Court of Civil Appeals erred in holding that the will of Shelton did not vest an estate in fee simple in his widow, C. C. Shelton.

The defendant and intervener pleaded the statute of limitations of three and five years; but they did not deraign title from the state. Therefore the three-year statute did not...