Moran v. Adler

• Decision Date: 26 July 1978
• Docket Number: No. B-6817,B-6817
• Citation: 570 S.W.2d 883
• Court: Texas Supreme Court
• Parties: Victor MORAN, Jr., et al., Petitioners, v. Lester ADLER, Respondent.

Page 883

570 S.W.2d 883

Victor MORAN, Jr., et al., Petitioners, v. Lester ADLER, Respondent.

No. B-6817.

Supreme Court of Texas.

July 26, 1978.

Rehearing Denied Oct. 11, 1978.

Goodman & Cronfel, Ada Cronfel and Raymond J. Goodman, Laredo, for petitioners.

Hall & Zaffirini, Horace C. Hall, III, Laredo, for respondent.

POPE, Justice.

The plaintiffs assert their rights as equitably adopted children to their stepmother's one-half community interest in two tracts of real estate. The defendant, Lester Adler, asserts his ownership in the land as a bona fide purchaser without notice of plaintiffs' claim that they are the adopted children of the stepmother. The trial court rendered judgment on a jury verdict for the plaintiffs but the court of civil appeals has reversed the judgment of the trial court and remanded the cause to that court. The court of civil appeals held that the jury findings about equitable adoption were not supported by clear, unequivocal and convincing evidence. 549 S.W.2d 760. We granted the writ to examine that standard of proof. We also granted defendant Adler's application which asserts his rights as a bona fide purchaser of the land without notice of the children's adoptive status. We reverse the judgments of the courts below and render judgment that plaintiffs take nothing.

The plaintiffs in this cause are Victor Moran, Jr., Xochitl Moran Hernandez, Yolanda Moran Coulter and Rene Moran. They are the children of Victor Moran, Sr. and Ester Landeros Moran. The mother died in 1929 and the next year Victor Moran married Ramona Guevara Moran. It is undisputed that the lands in suit were the community property of Victor Moran and Ramona, his second wife. Ramona died intestate in 1959, and in 1973 Mr. Moran borrowed sixty thousand dollars from the Laredo National Bank. He gave a deed of trust covering the tract to secure the loan and when he became delinquent the bank foreclosed the deed of trust lien. Lester Adler purchased the property at the foreclosure sale for seventy-five thousand dollars. Adler now asserts his rights as a purchaser from the bank who, he says, was an innocent purchaser for value and without notice of the claim by the children of the first marriage that they were equitably adopted by their stepmother, Ramona. The opinion of the court of civil appeals contains a full and correct statement of the testimony upon which the jury made its findings that Ramona, the stepmother, equitably adopted the four children of the earlier marriage. The testimony need not be repeated.

The plaintiffs urge that the court of civil appeals erred in requiring them to prove their case by clear, unequivocal, and convincing evidence. They argue that the correct standard is the preponderance of the evidence. While there are statements in some opinions which require proof in equitable adoption cases to be "clear, unequivocal and convincing," it has now been settled that the right standard is that the evidence must be factually sufficient to constitute proof by a preponderance of the evidence.

The trial court submitted all of the special issues in this case in terms of the preponderance of the evidence which was the correct standard for issues and which is also the correct standard for review of the factual sufficiency of the evidence. State v. Turner, 556 S.W.2d 563, 565 (Tex.1977); Meadows v. Green, 524 S.W.2d 509 (Tex.1975); Omohundro v. Matthews, 161 Tex. 367, 341 S.W.2d 401 (1960); Sanders v. Harder, 148 Tex. 593, 227 S.W.2d 206 (1950). Cf. Bigleben v. Stevens, 262 S.W.2d 785, 789-90 (Tex.Civ.App. San Antonio 1953, writ ref'd n. r. e.). Though the opinion of the court of civil appeals suggests that the evidence would be factually sufficient under the preponderance standard, we cannot say the court so held. A court reviewing the factual sufficiency of the evidence should consider both the direct evidence and the circumstantial evidence. The general rule is that in reviewing the factual sufficiency of the evidence, the court of civil appeals must consider All the evidence. In re King's Estate, 150 Tex. 662, 244 S.W.2d 660 (1951). As this court said in a prior equitable adoption case:

It was not necessary, however, that there be direct evidence of the agreement (to adopt). It like any other ultimate fact could be proved by the acts, conduct and admissions of the parties and other relevant facts and circumstances. Cavanaugh v. Davis, 149 Tex. 573, 578, 235 S.W.2d 972, 975 (1951).

The court of civil appeals erred in its standard of review.

Defendant Lester Adler asserted his title to the lands by claiming that the bank took the mortgage on the property for a valuable consideration without notice of the claim by the Moran children that Ramona had adopted them. If the bank took the lien in good faith for a valuable consideration without notice, then Adler, regardless of his knowledge or notice, took good title as purchaser under the bona fide mortgagee at the foreclosure sale. West v. First Baptist Church of Taft, 123 Tex. 388, 71 S.W.2d 1090, 1098-99 (1934); Bergen v. Producers' Marble Co., 72 Tex. 53, 11 S.W. 1027 (1888); Lewis v. Johnson, 68 Tex. 448, 450, 4 S.W. 644, 645 (1887); Donald v. Davis, 208 S.W.2d 571, 573-74 (Tex.Civ.App. Waco 1948, writ ref'd); Benn v. Security Realty & Development Co., 54 S.W.2d 146, 150 (Tex.Civ.App. Beaumont 1932, writ ref'd); Hunley v. Bulowski, 256 S.W.2d 932 (Tex.Civ.App. Texarkana 1953, writ ref'd n. r. e.); Harper v. Over, 101 S.W.2d 830 (Tex.Civ.App. Eastland 1937, no writ); Annot., 63 A.L.R. 1362, 1370 (1929); 39 Tex.Jur.2d Mortgages and Trust Deeds §§ 69, 70 (1976). The jury made findings that the Laredo National Bank at the time it took a deed of trust on the property had notice that the plaintiffs claimed the land, that the bank had knowledge of facts sufficient to put it on inquiry, and that a diligent inquiry would have revealed the claim by the plaintiffs to an undivided one-half interest in the property. The defendant, Adler, says there is no evidence to support those findings.

The court of civil appeals, without reaching Adler's no-evidence point, held that children who are equitably adopted are legal heirs of the adopting parent. It then distinguished an earlier decision of this court which held that equitably adopted children, unlike natural children and statutorily adopted children, receive only an equitable title from a deceased adoptive parent. The court of civil appeals quotes Fleming v. Ashcroft, 142 Tex. 41, 175 S.W.2d 401 (1943), and construes it to hold that the innocent purchaser doctrine protects a purchaser by cutting off an equitable title, but that the doctrine does not cut off a legal title. That case was decided in 1943. The court of civil appeals said that the Probate Code changed the status of equitably adopted children so that they are now "heirs at law." It held that equitably adopted children now inherit the same quality of title as a natural child or a statutorily adopted child, and for that reason, the court of civil appeals concluded that Fleming and its protection of innocent purchasers against the claim of an equitably adopted child was changed by the Probate Code.

It is our opinion that Fleming was not grounded upon the supposed distinction between legal and equitable title that is owned by an equitably adopted child. The real basis for protection of an innocent purchaser is explained in Fleming by its quotation from Edwards v. Brown, 68 Tex. 329, 337, 4 S.W. 380 (1887): "The policy of our laws is to protect purchasers against secret titles, whether they be legal or equitable. . . ."

The Fleming opinion cites three cases by this court that state that the holder of the apparent title ¹ will be protected over the holder of the secret title. In Edwards v. Brown, supra, at issue was the rights of heirs of a spouse when title had been taken in the name of the other spouse. The court gave this as its reason for protecting an innocent purchaser who did not have notice of a holder of the legal estate who had not recorded his deed:

But it may be further remarked that it does not follow that, because one may have the legal title, another may not acquire a superior equity as a bona fide purchaser. The holder of the legal estate by an unrecorded deed cannot prevail over a purchaser from his grantor, who has paid value without notice of the unrecorded conveyance.

If a vendee is to be required to inquire into his vendor's family history in order to ascertain whether the property was community or not, why should he not be held to inquire into his business history and thus be affected with notice of secret trusts on behalf of partners or other third parties? 68 Tex. at 332-33, 4 S.W. at 381.

Marshburn v. Stewart, 113 Tex. 507, 254 S.W. 942 (1923), was another case cited in Fleming. The reason expressed in Marshburn for protecting the innocent purchaser even against an outstanding legal title, was that apparent title should prevail over hidden titles:

While in this case the apparent title and the real title are both legal titles, we do not think, in view of the legal presumption of the sufficiency of the apparent title and the burden of proof imposed by our law on the holder of the real title to prove its superiority, that it should be given greater weight in determining the burden of proof on the question of notice than is given to an outstanding equitable title when asserted against a legal title. The law having invested Mrs. Aiken, as survivor of the community, with the apparent legal title in fee simple to this land, and such apparent title having passed to Marshburn for an adequate and valuable consideration, we think before defendants in error can defeat the same they must further show that at the time he purchased he had notice of their rights, or that he had notice of facts sufficient to put him upon inquiry, and that such inquiry, pursued with reasonable diligence, would have necessarily discovered the real facts upon...