Richardson v. Richardson
| Decision Date | 18 June 1954 |
| Docket Number | No. 14824,14824 |
| Citation | 270 S.W.2d 307 |
| Parties | RICHARDSON v. RICHARDSON. |
| Court | Texas Court of Appeals |
Graves & Graves, Houston, for appellant.
John A. Erhard, Philip Wilson and Hassell & Hassell, Dallas, for appellee.
This was an action in trial court by appellant as plaintiff against appellee and Ripley Shirt Company as defendants in trespass to try title to a one-half undivided interest in a tract of business property in the City of Dallas (subject to an outstanding lease thereon in favor of Ripley Shirt Company) plus one-half of the rentals thereon. After a nonjury trial the court found the facts in substance as follows: (1) The common source of title is a deed from R. J. Horton et al. to Wheaton L. Richardson et ux. Ionie Richardson dated June 7, 1944, and thereafter duly recorded; (2) Wheaton L. Richardson and Ionie Richardson were married Dec. 17, 1941, and no children were born to their marriage; (3) they were husband and wife on June 7, 1944; (4) both Wheaton L. Richardson and Ionie Richardson were previously married and Wheaton L. Richardson's sole and only child, Alice Richardson, plaintiff here, was born of a previous marriage; (5) Wheaton L. Richardson died intestate in Dallas County Sept. 16, 1951, and was survived by his wife Ionie Richardson and his only child Alice Wheaton Richardson; (6) on Nov. 1, 1949, Wheaton L. Richardson, joined by his wife Ionie Richardson, leased the property in question herein to Ripley Shirt Company, Inc., for a term of five years for a total sum of $12,000 payable $200 per month; (7) in October 1944, Wheaton L. Richardson executed and delivered to Ionie Richardson an instrument denominated a warranty deed which contained the following recitals: (8) That the instrument denominated 'a warranty deed executed in October 1944 contained the condition that in the event of Wheaton L. Richardson's death, Ionie Richardson should assume the unpaid balance due on a note in the original principal sum of Five Thousand ($5,000.00) Dollars.' (9) That such instrument contained the following recital: 'It is specifically understood and agreed, however, by and between myself, W. L. Richardson and my said wife, Mrs. Ionie Richardson, that this deed is not to become effective during the lifetime of myself, W. L. Richardson, but that upon my death the same (this deed) shall at once come into full force and effect, conditioned only that we, W. L. Richardson and wife Mrs. Ionie Richardson, are still husband and wife.' (10) That all rentals due and payable after Sept. 15, 1951, were paid to Ionie Richardson and retained by her save and except those payments falling due on and after April 2, 1953. (11) That the property in question at the time of the death of W. L. Richardson was encumbered by a mortgage in favor of Oak Cliff Bank & Trust Company in the original amount of $5,000. (12) That on and after Sept. 16, 1951, defendant Ionie Richardson paid, retired and fully amortized the note due the bank and the bank released that note. (13) That W. L. Richardson and Ionie Richardson were husband and wife at the time of his death on or about Sept. 16, 1951. (14) That the instrument denominated a warranty deed is clear and unambiguous and the manifest intention is clear and not subject to variation. (15) That the instrument denominated a warranty deed is in writing, signed by the grantor, and complies with the requirements of the laws of conveyancing, and is as follows: (See Note 1).
'The State of Texas
County of Dallas
Know all men by these presents:
'That I, W. L. Richardson, a resident of the County of Dallas, State of Texas, for and in consideration of the sum of One Dollars, to me paid and secured to be paid by my wife, Mrs. Ionie Richardson as follows:
'The sum of One ($1.00) Dollar cash in hand paid, the receipt whereof is hereby acknowledged, and other and further good and valuable considerations to me moving, the receipt of all of which are hereby fully acknowledged and confessed.
'An indebtedness of Five Thousand Dollars is outstanding against the property hereinafter designated and described , and in the event of my (W. L. Richardson's) death, my wife, Mrs. Ionie Richardson, assumes the payment of any balance remaining due on the said Five Thousand Dollar debt.
have granted, sold and conveyed, and by these presents do grant, sell and convey unto the said Mrs. Ionie Richardson of the County of Dallas, State of Texas, all that certain my undivided interest in and to the following designated and described property and premises, to-wit: Being the east 20 feet of Lot No. (8) Eight and the west 40 feet of Lot No. (9) Nine, in Block No. 11/3137 of Hillside Addition to the City of Dallas, Texas, according to the map thereof recorded in Volume (141) One-Forty-One, page 94 of the Deed Records of Dallas County, Texas.
'Being the same property and premises conveyed to W. L. Richardson and wife, Jonie Richardson by R. J. Horton and wife, Johnnie Horton, John P. Horton and wife, Nettie Horton, Stella Horton Loomis, a widow, all of Dallas County, Texas, and Eula Horton Berman, joined pro forma by her husband, Manfred H. Berman of San Francisco, California, by deed dated June 7th, A.D. 1944, and duly recorded in the Deed Records of Dallas County, Texas, in Volume 2493, page 112, to all of which reference is here made for further and better designation and description of the property and premises herein conveyed.
'But it is expressly agreed and stipulated that the vendor's lien is retained against the above described property, premises and improvements, until the above described note-, and all interest thereon, are fully paid according to its face and tenor, effect and reading, when this deed shall become absolute.
'Witness my hand at Dallas, Texas, this ___ day of October __ A.D. 1944. / s/ W. L. Richardson.' (See Note 2.) (Emphasis supplied.)
On plaintiff's request therefor additional findings were filed in substance as follows: (1) The balance due the Oak Cliff Bank & Trust Company on Oct. 16, 1951 was $700 plus interest; (2) defendant Alice Ionie Richardson collected and handled as her own funds the entire $200 monthly rental due Oct. 1, 1951 to and including April 1953, totaling $3,800; that beginning with May to and including Dec. 1953, one-half of the monthly rental ($800) was deposited in the registry of the court.
The court's conclusions of law were as follows:
'1. I conclude as a matter of law that the property in question on the 7th day of June, 1944 (the...
To continue reading
Request your trial
-
McMahon v. Christmann
...over printed matter. J. K. Hughes Oil Co. v. Mayflower Inv. Co., Tex.Civ.App., 193 S.W.2d 971, 973, writ refused; Richardson v. Richardson, Tex.Civ.App., 270 S.W.2d 307, 311, writ refused. And see Annotation, 37 A.L.R. 820, et seq. That rule is peculiarly applicable here. When it is applied......
-
Terrell v. Graham
...not become absolute until the death of grantor does not make the instruments testamentary in character. Richardson v. Richardson, 270 S.W.2d 307 (Tex.Civ.App.-Dallas 1954, writ ref'd); Turner v. Montgomery, 293 S.W. 815 (Tex.Com.App.1927); Texas Pacific Coal & Oil Co. v. Bruce, 233 S.W. 535......
-
Cavazos v. Cavazos, 04-06-00451-CV.
...the interest in an estate contingent or vested, or even an expectant interest is clearly permissible."); Richardson v. Richardson, 270 S.W.2d 307, 312 (Tex.App.-Dallas 1954, writ ref'd) (quoting with approval to former statute: "An estate or freehold or inheritance may be made to commence i......
-
Terrell v. Graham
...but was a deed. See also: Davis v. Zeanon, 111 S.W.2d 772 (Tex.Civ.App. Waco 1937, writ ref'd); Richardson v. Richardson, 270 S.W.2d 307 (Tex.Civ.App. Dallas 1954, writ ref'd). The court in North v. North, 2 S.W.2d 481 (Tex.Civ.App. Waco 1927, no writ) considering a deed containing the lang......