King v. Hill
| Decision Date | 16 June 1943 |
| Docket Number | No. 8065.,8065. |
| Citation | 172 S.W.2d 298 |
| Parties | KING et al. v. HILL et al. |
| Court | Texas Supreme Court |
This is an action of trespass to try title brought by petitioners, Hannibal King and others, against respondents, Chas. C. Hill and others, the land involved being 44 1/3 acres out of the C. C. Marsh Survey in Houston County. In the trial court judgment was rendered in favor of respondents, which judgment was affirmed by the Court of Civil Appeals. 136 S.W.2d 632. A writ of error was granted and this court reversed the judgment of the Court of Civil Appeals and remanded the case to that court for further consideration. 138 Tex. 187, 157 S.W.2d 881. Thereafter the Court of Civil Appeals reversed the trial court's judgment and remanded the cause thereto, 167 S.W.2d 628, and the case is again before us upon our granting of applications for writs of error filed by all parties.
The plaintiffs in the trial court were Luella King and husband, Hannibal King, and certain claimants of mineral interests in the land, and the defendants were Chas. C. Hill and Mrs. T. A. Mobley, individually, and as executor and executrix, respectively, of the estate of G. W. Mobley, deceased. Plaintiffs claim title under Lulu Denby and, in part, under H. G. Denby, while defendants claim under an alleged deed from H. G. Denby to G. W. Mobley. According to a finding by the jury, the land was purchased by H. G. Denby from T. F. and Henry Dailey on November 26, 1910. At that time Denby was married to Lulu Denby, the mother of Luella King. Luella King is not the daughter of H. G. Denby, but was born to Lulu Denby and a former husband prior to her marriage to H. G. Denby. Lulu Denby died intestate in April, 1924, and Luella King claims title to an undivided one-half interest in the land as the only child of Lulu Denby. After the death of Lulu Denby, H. G. Denby married Catherine Denby and they continued to live upon the land as their home until a short time before the filing of this suit. During the period of their occupancy the purported deed was executed to G. W. Mobley.
Plaintiffs' petition was in the statutory form of an action in trespass to try title. The defendants, in addition to a general demurrer, general denial and plea of not guilty, specially pleaded the five and ten years statutes of limitation, Articles 5509 and 5510, R.C.S. In answer to special issues the jury found that on the date Denby executed the deed to Mobley, October 8, 1927, he was residing upon this land as a homestead for himself and family; that he was indebted to Mobley "for money other than the purchase money for the land"; that he executed the deed to secure indebtedness owing to Mobley "other than purchase money"; that he was indebted to Mobley for purchase money of the land at that time; and that the deed was not executed for the sole consideration of the cancellation of a purchase money note. We construe those findings, in the light of the evidence, to be that the deed was executed to secure money owing by Denby to Mobley, part of which was purchase money and part of which was not purchase money. Other material findings, which the Court of Civil Appeals concluded were in conflict with the foregoing, were as follows: After the execution of the deed of October 8, 1927, Denby remained in possession of the land in controversy as the tenant of Mobley and the executors of his estate, and that Mobley and the executors had and held peaceable and adverse possession of the land, paying all taxes thereon before delinquency, claiming and using same under a deed duly registered for a continuous period of five consecutive years after the execution of such deed and prior to the filing of this suit.
The Court of Civil...
To continue reading
Request your trial
-
Morrow v. Shotwell
... ... Farmer, 147 Tex. 122, 213 S.W.2d 813 (1948); United Gas Corporation v. Shepherd Laundries Co., 144 Tex. 164, 189 S.W.2d 485 (1945); King v. Hill, 141 Tex. 294, 172 S.W.2d 298 (1943); Buzard v. First Nat. Bank of Greenville, Texas, 67 Tex. 83, 2 S.W. 54 (1886); Waldo v. Galveston, H. & ... ...
-
Snyder v. Citizens State Bank, 11672.
...Kirby Lumber Corporation, 181 S.W.2d 859; Rodriquez v. Vallejo, 157 S.W.2d 172; King v. Hill, 138 Tex. 187, 157 S.W.2d 881, also 141 Tex. 294, 172 S.W.2d 298; Hall v. Miller, 147 S.W.2d 266; Austin et al. v. Austin et al., Tex.Sup. 182 S.W.2d Appellants' contention that parol evidence shoul......
-
Eidson v. Perry Nat. Bank
...the Rule announced in King v. Hill, 138 Tex. 187, 157 S.W.2d 881, points 1, 2 and 3 (Comm. of App., opinion adopted;) same cause 141 Tex. 294, 172 S.W.2d 298 (Comm. of App., opinion adopted) see points 1 to 4, pages 299-300. The Court in the foregoing case, made this statement of the Rule [......
-
Karl and Kelly Co., Inc. v. McLerran
... ... Court to remand to the trial court for a new trial rather than to render judgment when the "ends of justice will be better subserved thereby." King v. Hill, 141 Tex. 294, 296, 172 S.W.2d 298, 300 (1943); Paris & G.N.R. v. Robinson, 104 Tex. 482, 140 S.W. 434 (1911); Buzard v. First National ... ...