Johnson v. Morton

• Decision Date: 08 February 1902
• Citation: 67 S.W. 790
• Parties: JOHNSON et al. v. MORTON et al.<SMALL><SUP>1</SUP></SMALL>
• Court: Texas Court of Appeals

67 S.W. 790

JOHNSON et al. v. MORTON et al.¹

Court of Civil Appeals of Texas.

February 8, 1902.

Appeal from district court, Collin county; J. E. Dillard, Judge.

Partition suit by W. Y. Morton and others against John Johnson, Jr., and others. From a decree in favor of complainants, defendants appeal. Affirmed.

John Johnson, Sr., and Polly Johnson were husband and wife, and were parents of seven children, two of whom, at the time of the making of the deeds hereinafter referred to, were dead, to wit, Mrs. Mattie Mack and Mrs. Mollie Morton, both of whom left children surviving them. On July 20, 1895, John Johnson, Sr., and Polly Johnson employed H. E. Smith to draw up several deeds,—one to each of his five children then living, and also to the children of their deceased daughters. Under this employment, deeds were prepared conveying the property described in the petition, the wording of each of them being the same, which deeds were duly executed and acknowledged by John and Polly Johnson. The following is a copy of one of the deeds, omitting the description of the land: "The State of Texas, County of Collin. Know all men by these presents, that we, John Johnson, Sr., joined by his wife, Polly Johnson, of the county of Collin, in the state aforesaid, for and in consideration of one dollar to us in hand paid by Joseph A. Morton and Merrill Morton, minors, the receipt of which is hereby acknowledged, and the further consideration of love and affection that we have for the said Joseph A. and Merrill Morton, our grandsons, have granted, sold, and conveyed, and by these presents do grant, sell, and convey, unto the said Joseph A. Morton and Merrill Morton, of the county of Collin and state of Texas, during their natural lives, and after their deaths to their heirs and assigns, all that certain lot, tract or parcel of land described. [Then follows a description of the land.] To have and to hold the above-described premises, together with, all and singular, the rights and appurtenances thereto in any wise belonging, unto the said Joseph A. Morton and Merrill Morton during their natural lifetime, and after their death to their heirs and assigns, forever. And we hereby bind ourselves, our heirs, executors, and administrators, forever to warrant and forever defend, all and singular, the said premises unto the said Joseph A. Morton and Merrill Morton, their heirs and assigns, against every person whomsoever lawfully claiming or to claim the same." This suit was instituted on the 15th day of August, 1899, by W. Y. Morton, John Morton, Merrill Morton, Joseph Morton, and James and Lula Morton, the last two being minors and suing by their next friend, all of whom are children of Mrs. Mollie Morton, deceased, against John Johnson, Jr., and others, as defendants, appellants in this court. The suit was for partition of the land. It was claimed by plaintiffs that the respective grantees in the deeds took the fee-simple title to the land. The plaintiffs recovered, and the defendants appeal.

Abernathy & Beverly, for appellants. T. S. Jackson, for appellees.

BOOKHOUT, J. (after stating the facts).

1. It is contended by appellant that the trial court erred in construing the several deeds as vesting the fee in the respective grantees therein named, and in not holding that the grantees took a life estate, only, in the land. The granting clause of the deeds reads: "Have granted, sold, and conveyed, and by these presents do grant, sell, and convey, unto the said Joseph A. Morton and Merrill...