Payne v. Bracken, No. 2183-7070.

CourtSupreme Court of Texas
Writing for the CourtGerman
Citation115 S.W.2d 903
Decision Date27 April 1938
Docket NumberNo. 2183-7070.
PartiesPAYNE v. BRACKEN et al.
115 S.W.2d 903
BRACKEN et al.
No. 2183-7070.
Commission of Appeals of Texas, Section A.
April 27, 1938.

Error to Court of Civil Appeals of Fifth Supreme Judicial District.

Suit to foreclose a judgment lien by Bryan W. Payne against J. A. Bracken and others. To review a judgment of the Court of Civil Appeals, 90 S.W.2d 607, affirming a judgment of the district court in favor of the defendant, the plaintiff brings error.


John S. Morris, of Fort Worth, and H. G. Becker, of Dallas, for plaintiff in error.

Lasseter, Simpson & Spruiell, of Tyler, for defendants in error.

Page 904

GERMAN, Commissioner.

Prior to October 22, 1929, J. S. Kimbrough owned an undivided 3/32 interest in and to all oil, gas, and other minerals in, on, and under 40 acres of land in Van Zandt county. On the date mentioned, Kimbrough, Van McPhail, and J. D. Wiley associated themselves together for the organization of a corporation to be known as the East Texas Oil Corporation. They caused a charter to be prepared in due form, executed same, and immediately forwarded it to the Secretary of State with proof concerning subscription to, and payment of, capital stock. On October 23, 1929, Kimbrough conveyed the mineral interest above mentioned to said East Texas Oil Corporation, and this conveyance was filed for record October 30, 1929. The consideration for the conveyance was the issuance by the proposed corporation of stock equal in value to the agreed value of the mineral interests. This stock was afterwards issued and delivered to Kimbrough. It would appear that this conveyance to the corporation was for the purpose of paying up subscription to capital stock to that extent.

The charter of the East Texas Oil Corporation was not actually filed by the Secretary of State until November 6, 1929. On November 5, 1929, that is, one day before the filing of the charter, plaintiff in error filed abstract of judgment which he held against Kimbrough and one J. T. Miller in the county clerk's office of Van Zandt county, and same was properly indexed on that date.

On October 30, 1930, the corporation, the name of which had been changed to East Texas Petroleum Corporation, conveyed the mineral interest mentioned to J. A. Bracken. This suit was instituted in the district court of Van Zandt county by plaintiff in error Bryan W. Payne against J. A. Bracken and others. The purpose of the suit was to foreclose lien of the judgment, abstracted in the manner aforesaid, against the mineral interest previously owned by Kimbrough. Payne will be referred to as plaintiff. The theory of his case is that as the charter of the East Texas Oil Corporation had not been filed with the Secretary of State prior to the date that Kimbrough made his conveyance to the corporation, the deed was...

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14 cases
  • Donley v. Youngstown Sheet & Tube Co., 3445
    • United States
    • Court of Appeals of Texas. Court of Civil Appeals of Texas
    • 12 Junio 1959
    ...State Bank of Amarillo v. Jones, 107 Tex. 623, 183 S.W. 874; Blankenship v. Douglas, 26 Tex. 225, 229; Payne v. Bracken, 131 Tex. 394, 115 S.W.2d 903, 905; Calvert v. Roche, 59 Tex. 463; Tex.Dig., Judgment k775-780; Parks v. West, Tex.Civ.App., 274 S.W. 164, 165; Steele v. Harris, Tex.Civ.A......
  • American Bank and Trust Co. v. Dallas County, 20915
    • United States
    • Court of Appeals of Texas
    • 23 Julio 1984
    ...relief it is correct for the reasons stated and must be affirmed, though based on an erroneous ground. Payne v. Bracken, 131 Tex. 394, 115 S.W.2d 903, 905 (1938); First National Bank v. Lone Star Life Insurance Co., 524 S.W.2d 525, 531 (Tex.Civ.App.--Dallas 1975), writ ref'd n.r.e. per curi......
  • Culver v. Pickens, 13309.
    • United States
    • Court of Appeals of Texas
    • 5 Febrero 1943
    ...that a correct judgment, although based upon an erroneous conclusion of law, will be affirmed. See Payne v. Bracken, 131 Tex. 394, 115 S.W. 2d 903. The other questions raised in the motion for rehearing were discussed in our original opinion. The motion for rehearing is Overruled. ...
  • Gregg County Appraisal Dist. v. Laidlaw Waste Systems, Inc., S-O
    • United States
    • Court of Appeals of Texas
    • 31 Mayo 1995
    ...must have been made to comply with the requisite statutes. Payne v. Bracken, 90 S.W.2d 607 (Tex.Civ.App.--1936), aff'd, 131 Tex. 394, 115 S.W.2d 903 (1938); see also People v. Zimbelman, 194 Colo. 384, 572 P.2d 830, 832 (1977); Appeal of Armed Forces Cooperative Insuring Association, 5 Kan.......
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