Nunn v. Daly
| Decision Date | 16 April 1941 |
| Docket Number | No. 10941.,10941. |
| Citation | 150 S.W.2d 834 |
| Parties | NUNN v. DALY et al. |
| Court | Texas Court of Appeals |
Appeal from District Court, Uvalde County; K. K. Woodley, Judge.
Action of trespass to try title by Anna E. Daly, joined by her husband, E. F. Daly, against G. W. Nunn for the recovery of certain realty, wherein the defendant filed a cross-action seeking recovery of a money judgment. Judgment was entered on the verdict in favor of the plaintiffs for title and possession of the realty, and the defendant was awarded a money judgment, and the defendant appeals.
Judgment affirmed.
Atlas Jones and M. C. Chiles, both of Uvalde, for appellant.
Ross Doughty, Jr., of Uvalde, for appellees.
This is an action of trespass to try title brought by Anna E. Daly, joined by her husband, E. F. Daly, against G. W. Nunn for the recovery of a certain tract of land situated in Uvalde County, Texas, and referred to as the "Deason land." Nunn filed a cross-action seeking a recovery of a money judgment against the Dalys upon certain agreements alleged to have been made with Nunn by E. F. Daly. It appears that Nunn was the tenant of Mrs. Daly, under a written agreement made by her husband, which expired on October 31, 1939.
Trial was to a jury upon special issues. Judgment was entered upon the verdict in favor of the Dalys for title and possession of the land involved. Nunn was awarded a money judgment for the sum of $109.05. From this judgment Nunn has appealed.
Mrs. Daly's ownership of the property involved was conclusively established by the evidence, and the jury findings supporting appellant's money recovery were as follows:
1. That on or about November 10, 1938, E. F. Daly agreed with G. W. Nunn, that Nunn could improve the Deason land by constructing fences thereon at the expense of the owner of the land.
2. That the reasonable value of the labor performed by Nunn on the construction of fences on the Deason land prior to October 31, 1939 (excluding any labor performed in keeping the fences in good repair, as provided in the written lease between the parties), was $40.
3. That the reasonable market value of the posts and wire furnished by Nunn in connection with the construction of fences on the Deason land was $54.05.
4. That E. F. Daly, on or about November 10, 1938, authorized G. W. Nunn to haul water for livestock on the Deason land at the expense of the owner.
5. That the reasonable value of the services rendered by Nunn in hauling water for livestock prior to October 31, 1939, was $15.
All other issues submitted were answered unfavorably to appellant. The jury's answers to said issues are supported by the testimony, and will not be further noticed. The jury, in effect, found that there had been no extension of the time set for the expiration of Nunn's tenure as fixed by the written lease agreement.
Appellant, by his assignments of error, contends in effect that the sums found by the jury in answer to the issues upon which his money recovery is based, are inadequate; against the preponderance of the evidence, and should therefore be...
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Baker v. Sturgeon
...thereof to show the court his action is based 'upon knowledge and not suspicion or hope.' [139 Tex. 478, 163 S.W.2d 646] Nunn v. Daly, Tex.Civ.App., 150 S.W.2d 834; Hobbs v. Slayton, Tex.Civ.App., 265 S.W.2d 838. * * The absence of a record showing the answers expected from the jurors Perki......
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Roberts v. State
...are the same as those applicable to excessive verdicts. Schooler v. State, Tex.Civ.App., 175 S.W.2d 664, W/E Ref. W. M.; Nunn v. Daly, Tex.Civ.App., 150 S.W.2d 834, W/E Dis. judg. cor. And the appellate court will reverse and remand a condemnation case where the damages awarded are inadequa......
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Schooler v. State
...of an appellate court to set aside a verdict because of inadequacy are the same as those applicable to excessive verdicts. Nunn v. Daly, Tex.Civ.App., 150 S.W.2d 834, writ dismissed, correct judgment. And where the verdict has support in the evidence, it should not be disturbed. Joyce v. Da......
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Thompson v. State, 3612
...are the same as those applicable to excessive verdicts. Schooler v. State, Tex.Civ.App., 175 S.W.2d 664, W/E Ref.W.M.; Nunn v. Daly, Tex.Civ.App., 150 S.W.2d 834, W/E Dis. judg. cor. And the appellate court will reverse and remand a condemnation case where the damages awarded are inadequate......