Reinhardt v. North

• Decision Date: 06 March 1974
• Docket Number: No. 5302,5302
• Citation: 507 S.W.2d 589
• Parties: Adolph REINHARDT et ux., Appellants, v. Hartense NORTH, Appellee.
• Court: Texas Court of Appeals

Page 589

507 S.W.2d 589

Adolph REINHARDT et ux., Appellants, v. Hartense NORTH, Appellee.

No. 5302.

Court of Civil Appeals of Texas,

Waco.

March 6, 1974.

Rehearing Denied April 11, 1974.

Vance, McMullen & Connally, Andy J. McMullen, Hamilton, for appellants.

Andrew Campbell, Hamilton, for appellee.

OPINION

McDONALD, Chief Justice.

This is an appeal by plaintiffs Reinhardt from judgment they take nothing from defendant North in a trespass to try title suit to 1.80 acres in Hamilton County.

Plaintiffs filed suit in trespass to try title against defendant, alleging they were fee simple owners to 100.69 acres in the Giles O. Sullivan survey in Hamilton County; and that defendant on January 7, 1970 unlawfully entered upon and dispossessed plaintiffs of such premises. Plaintiffs plead in the alternative they held title to the described property by virtue of the 3, 5, 10 and 25 years statutes of limitations. Defendant answered by plea of not guilty, and further plead title by virtue of the 5, 10, and 25 years statutes of limitations, and prayed that, plaintiff take nothing.

The suit resolved into a controversy over 1.80 acres located north of the Leon River between lands admittedly owned by plaintiffs and defendant, and shown on the schematic diagram as follows:

Trial was before the court without a jury which rendered judgment plaintiffs take nothing; and decreed fee simple title to the 1.80 acres vested in defendant.

The trial court filed Findings of Fact and Conclusions of Law, pertinent of which we will notice later.

Plaintiffs appeal on 50 points contending that the trial court erred in its Conclusions of Law 3 and 4; and that there is no evidence or insufficient evidence to support the trial court's Findings of Facts 9, 10, 11, 12, 13, 14, 15, A, B, C, G, H, I, K, L and 1--A.

Plaintiffs purchased 100.69 acres from the Lawson heirs in 1969. The 1.80 acres in controversy is included within plaintiffs' deed. Defendant purchased her tract of 99.4 acres which is north of plaintiffs' tract from Mrs. Thomas in 1964. Mrs. Thomas and her husband purchased the tract in 1942 from the Andersons. All land claimed by plaintiffs is south of the Leon River except the 1.80 acres in controversy. All defendant's land is located north of the river. Defendant contended the disputed tract was within boundaries conveyed to her, and enclosed within the boundaries she and her predecessors in title had owned, claimed, and used peaceably and adversely for more than 70 years.

There was no stipulation between the parties as to common source of title and no evidence to establish common source of title.

The trial court as noted filed Findings of Fact and Conclusions of Law, The following of which are not complained of by plaintiffs.

Findings of Fact

1) Plaintiffs did not establish a regular chain of fee simple title to the land in question to plaintiffs from the sovereignty of the soil.

2) The record title to the land introduced by plaintiffs revealed many breaks in the chain from the sovereignty of the soil to plaintiffs and their predecessors in title.

3) There was no agreement or stipulation as to common source of title between plaintiffs and defendant.

4) There was no evidence showing common source of title to the land in dispute between plaintiffs and defendant.

5) There was no ouster of plaintiffs from...