Hearne v. Bradshaw, 15307

• Decision Date: 12 July 1957
• Docket Number: No. 15307,15307
• Citation: 305 S.W.2d 618
• Parties: Idella HEARNE et vir, Appellants, v. Jasper BRADSHAW et ux., Appellees.
• Court: Texas Court of Appeals

Page 618

305 S.W.2d 618

Idella HEARNE et vir, Appellants, v. Jasper BRADSHAW et ux., Appellees.

No. 15307.

Court of Civil Appeals of Texas, Dallas.

July 12, 1957.

Rehearing Denied Sept. 27, 1957.

John S. Fannin, John E. V. Jasper and Joel R. Bond, Dallas, For appellants.

Earl R. Parker, Dallas, for appellees.

YOUNG, Justice.

Appellants' action in trial court was in nature of trespass to try title and involved Lot 14, Block 3, Lincoln Place Addition to the City of Dallas, also known as 2854 Frost Street. Defendants answered by statutory plea along with other defenses; in the alternative, for judgment in sum of $1,000, being the amount of valuable improvements made on the property after going into possession. A trial to the court resulted in award of damages only to plaintiff Idella Hearne, of which judgment she complains and prosecutes this appeal.

Prior to December 31, 1953 Idella Hearne was owner of above described premises; on that date executing a general warranty deed to appellees, reciting as consideration: 'Ten ($10.00) Dollars ...... Dollars to me, and in hand paid by Jasper Bradshaw and his wife Hattie Bradshaw, and the further consideration to take the said property and maintain the same, pay all taxes and insurance and furnish me with food and clothing the rest of my natural life, and I do by this instrument reserve the right to live in said property as long as I live. It being the intention of this instrument to deed said property to the said grantees but reserve a life interest in the property to me, the said grantor.'

In original petition Idella Hearne had appeared as a 'feme sole'; the amended petition reciting, 'Idella Hearne and Arthur Hearne, husband and wife.' The amendment set up invalidity of her December 1953 deed because not joined in by the husband; further, that consideration for said deed had failed, in that the Bradshaws had refused to do and perform the consideration set out in said instrument; and on date of hearing filed trial amendment pleading alternatively that, in case the deed in question be construed a valid conveyance of property, defendants had nevertheless breached the terms thereof; that the consideration for execution of deed had failed to plaintiffs' damage in reasonable market value thereof which was $4,500, praying for judgment to that amount. Defendants in answer interposed a plea of not guilty; claiming the deed to them was a valid and subsisting conveyance of title; they having taken possession of the property, made valuable improvements thereon to the extent of $1,000, thereby placing the property in a 'livable, usable condition.' Also that if for any reason judgment be rendered for plaintiffs, said defendants have judgment for value of their improvements, to be fixed as a lien on the land.

The judgment complained of awarded title to the Bradshaws; denominating the same as plaintiff's separate property; that defendants had failed to perform the conditions of said conveyance and, the consideration therefor having failed, that she had been damaged in amount of $2,800, fixed as a lien upon the property, which sum is shown by the Clerk's Certificate to be deposited in court registry for account of original plaintiff, appellant here.

Idella Hearne, 77 years of age on date of trial (January 1957), was married to Arthur Hearne in April 1945, the parties separating in October 1946, since which time they have not lived together as husband and wife. At time the 1953 deed was executed, as Idella testified, she had not seen Arthur for about seven years. However, he was later located, becoming a party-plaintiff to the suit and this appeal.

All parties to the deed moved onto the property, living together amicably for some six months, when differences arose. According to Idella, the grantees refused to...