Ramirez v. Wood
| Decision Date | 14 December 1978 |
| Docket Number | No. 1332,1332 |
| Citation | 577 S.W.2d 278 |
| Parties | Leonardo RAMIREZ et al., Appellants, v. Conan T. WOOD, Sr., et al., Appellees. |
| Court | Texas Court of Appeals |
This is a trespass to try title suit in which the plaintiffs sought to establish title to certain lands in Hidalgo County, Texas, based on the ten year statute of limitations. Tex.Rev.Civ.Stat.Ann. art. 5510 (1958). The cause was submitted to a jury which returned negative answers to the plaintiffs' adverse possession issues. Thereafter, the plaintiffs perfected their appeal to this Court.
This consolidated suit concerns numerous tracts of land located in the Los Ejidos de Reynosa Viejo Grant, Hidalgo County, Texas ("the Grant"). The original plaintiffs in this suit, Leonardo Ramirez and his wife, Anita, sought to establish title to and the right of possession to numerous tracts out of the Grant, by adverse possession. Plaintiffs Gregorio Garza and his wife, Cristina, sought to establish their title to a single tract (number 56) of the Grant also through the doctrine of adverse possession.
At trial, it was stipulated by the parties that certain defendants had good and indefeasible record title to various tracts within the Grant. The appellants Ramirez and Garza offered testimony concerning the nature and extent of their respective adverse claims. Several exhibits, charts and maps were introduced as evidence for identity and location of the land in question. In addition, various witnesses testified as to the appellants' possession with reference to specified tract numbers identified by a map of the Grant in question. This evidence will be discussed in more detail below. At the close of the appellants' case, the various defendants moved for an instructed verdict on the basis that neither the Ramirez nor the Garzas had pled or proved their adverse possession claim as to any identifiable and ascertainable land in Hidalgo County, Texas. The trial court overruled the motion. The defendants then rested their respective cases without offering any additional evidence. Special issues were then submitted to the jury which returned negative responses to both the Ramirez' and Garzas' adverse possession issues. We sever the judgment of the trial court as to the two different sets of appellants, and affirm the judgment as to the Ramirez and reverse and remand the case as to the Garzas.
Both appellants' complaints on appeal are, in essence, that: 1) a particular juror was disqualified as a matter of law; 2) the trial court improperly refused to give supplementary instructions to the jury concerning a point of law; 3) the trial court failed to include certain special issues in the charge to the jury; 4) the jury's verdict is contrary to the great weight and preponderance of the evidence; and as to appellant Ramirez, 5) the trial court failed to grant a mistrial after comments were made concerning his criminal record.
Before considering these various points of error, however, we shall first address an argument appellees specifically advance in their "counterpoint." They argue that the trial court should have granted their motion for instructed verdict on the basis that appellants failed to establish, by either pleading or proof, that they had adversely possessed Any identifiable and ascertainable land in Hidalgo County as against each or all of the appellees. The appellants had the burden to identify the land they sought to claim by establishing its location, and by showing the extent of their interest in such land. See Jones v. Mid-State Homes, Inc., 163 Tex. 229, 356 S.W.2d 923, 925 (1962); Coleman v. Waddell, 151 Tex. 337, 249 S.W.2d 912, 913 (1952); Smith v. Griffin, 131 Tex. 509, 116 S.W.2d 1064 (1938). The evidence concerning this matter must be considered in the light most favorable to the appellants. The Garzas sought to recover title of tract 56 located in the Los Ejidos de Reynosa Viejo Grant in Hidalgo County, Texas. The stipulations of defendant T. L. Duncan, Jr., (record owner of this tract), utilized the same description of the tract (tract 56), and in addition, supplied an additional reference to a map and plat filed on a certain page in the Hidalgo County Deed Records. Duncan did not specially except to the Garzas' description of the land. Absent such a special exception, appellants Garza sufficiently described the land they claimed to entitle them to introduce proof at trial concerning the location and identity of the land in question. In addition, a certified copy of the official map of the Los Ejidos de Reynosa Viejo survey was introduced into evidence without objection. This map definitely locates tract 56 in relation to other tracts in the same survey and in addition supplies a reference to another recorded document in which a specific metes and bounds description of this tract could be located. An instructed verdict against the Garzas would have been improper. See McCall v. Grogan-Cochran Lumber Co., 143 Tex. 490, 186 S.W.2d 677, 678-679 (1945); South Texas Development Co. v. Manning, 177 S.W. 998 (Tex.Civ.App. San Antonio 1915, error ref'd); cf. Trinity River Authority v. Hughes, 504 S.W.2d 822, 824 (Tex.Civ.App. Beaumont 1974, writ ref'd n. r. e.).
The land description issue raised by the appellees in reference to the Ramirez' adverse possession claim is more complex. The description of the tracts claimed by the Ramirez in their pleadings was conflicting. In addition, the testimony offered by the Ramirez themselves as to the tracts they enclosed by a fence was also conflicting. They testified they constructed a fence around the property in question in 1953 and thereafter grazed cattle upon the property. Their testimony also suggests that they hired a surveyor who made a survey on the ground of the fence line they allegedly constructed. A copy of the survey is among the papers of this case although it was never introduced into evidence at the trial. Therefore, it cannot be considered. Apparently, the surveyor was not present to testify and Ramirez failed to obtain his testimony through a deposition or through any other permissible means. We conclude that although Ramirez attempted to utilize this survey to plead the description of the land to which they claimed title by limitations, they were actually confused as to the exact tracts that the fence line encompassed as depicted upon the survey. This confusion is apparent when their various pleadings are compared with testimony, diagrams, maps and charts that were actually introduced into evidence.
The appellants Ramirez initially filed suit against defendant Conan T. Wood, Sr., alleging title by adverse possession to: "Tracts of land totaling approximately 265.75 acres out of Tract 19 (of the Grant)." The total acreage alleged corresponded to the total acreage contained in tract 19 as depicted upon a map introduced into evidence. Appellants' first supplemental petition, however, described the land in question by incorporating a more restrictive description: "A 186.64 Acre Tract out of Tract 19, Los Ejidos de Reynosa Viejo Grant, Hidalgo County, Texas, more particularly described by metes and bounds as follows: (metes and bounds description)." This acreage total and the metes and bounds description corresponded to the total acreage and description contained in the survey (mentioned above) which was never introduced into evidence.
Thereafter, defendant Wood filed a plea in abatement alleging that the metes and bounds description contained in appellants' supplemental petition encompassed lands outside of the boundaries of tract 19 which did not belong to him, but rather, belonged to other parties who were necessary parties in appellants' suit. The trial court granted this plea in abatement and entered an order of consolidation. The Ramirez then filed another supplemental petition which apparently added the Garzas as party plaintiffs, and requested service of process on several additional defendants. This last supplemental petition also described the property in question as: "(t)he tracts and parcels of land situated in Hidalgo County, Texas, which . . . include, in whole or in part, lands from the following tracts in the Los Ejidos de Reynosa Viejo Grant in Hidalgo County, Texas, to-wit: Tracts 19, 18, 46, 56, 57, 59, 65, 66, 67, 68, 69, 70, 71, 72, 75, and 77." Appellants Ramirez did not attempt to supercede any of these property descriptions by filing a later amended petition. The Ramirez' did, however, identify some of the tracts they allegedly constructed fences around as being the same tracts that were located on the map in evidence. This testimony was sufficient to create some fact issues concerning the appellants' possession of ascertainable land. Cf. Trinity River Authority v. Hughes, 504 S.W.2d 822, 824 (Tex.Civ.App. Beaumont 1974, writ ref'd n. r. e.). Since the appellees failed to delineate the evidence concerning each tract and in view of our disposition of Ramirez' claims below, we do not reach the issue of the sufficiency of the proof to the extent of Ramirez' possession of the other tracts in question.
In point of error number one, both sets of appellants complain that the trial court erred by refusing to grant their challenge for cause of Manuel Cantu, a juror, who allegedly had expressed prejudice against adverse possession suits during voir dire. Appellees contend, on the other hand, that the prospective juror, Manuel Cantu, was not disqualified from serving as a juror and that the trial court did not abuse its discretion in denying appellants' challenge.
During the voir dire examination, one of appellants' attorney asked all the...
To continue reading
Request your trial
-
Snider v. Grey
...record and grant a reversal only if we are convinced that a different verdict would have been rendered but for the error. Ramirez v. Wood, 577 S.W.2d 278, 289 (Tex.Civ.App.--Corpus Christi 1978, no writ); Otto v. Otto, 438 S.W.2d 587 (Tex.Civ.App.--San Antonio 1969, no writ). The father com......
-
Caterpillar Tractor Co. v. Boyett
...testimony of Jesse Bonnett which he used in forming his expert opinion as to 1969 safety standards, we find the error harmless. Ramirez v. Wood, 577 S.W.2d 278 (Tex.Civ.App.--Corpus Christi 1979, no writ); TEX.R.CIV.P. 434. Our review of Dr. Reed's cross-examination by appellant's counsel r......
-
Ford Motor Co. v. Nowak
...unobjected to evidence in the record, and as such, its introduction into evidence was harmless error. Rule 434, T.R.C.P. (1976); Ramirez v. Wood, 577 S.W.2d 278 (Tex.Civ.App.--Corpus Christi 1979, no Ford's third point of error goes to the admissibility of photographs of the dashboard of th......
-
Nevins v. Whitley, No. 13-04-486-CV (TX 8/25/2005)
...establish title to land by virtue of the statute of limitations has the burden of proving every fact essential to that claim. Ramirez v. Wood, 577 S.W.2d 278, 287 (Tex. Civ. App.-Corpus Christi 1978, no writ). In denying Nevins's summary judgment, the trial court could have found that Nevin......
-
Table of Cases
...Antonio 1993, writ den’d), §10.06 Ramirez v. Inter-Cont’l Hotels , 890 F.2d 760, 763-64 (5th Cir. 1989), §11.06.3 Ramirez v. Wood , 577 S.W. 2d 278 (Tex. Civ. App.—Corpus Christi 1978, no writ), §9.02 Ramsey v. General Motors Corp ., 685 S.W.2d 15 (Tex. 1985), §6.06 Ramsey v. Spray , No. 2-......
-
Trial: Part One Voir Dire to Close of Evidence
...also be disqualified if he or she has a bias against the subject matter of the litigation. Compton v. Henrie, supra; Ramirez v. Wood , 577 S.W. 2d 278 (Tex. Civ. App.— Corpus Christi 1978, no writ). In DTPA cases, it is not unusual to encounter jurors who have had experiences very similar t......