Roberts v. Blount
| Decision Date | 19 May 1909 |
| Citation | 120 S.W. 933 |
| Parties | ROBERTS v. BLOUNT. |
| Court | Texas Court of Appeals |
Appeal from District Court, Nacogdoches County; James I. Perkins, Judge.
Action by L. S. Roberts against E. A. Blount. From a judgment for defendant, plaintiff appeals. Affirmed.
Ingraham, Middlebrook & Hodges, for appellant. S. W. Blount and John T. Garrison, for appellee.
On April 14, 1905, L. S. Roberts sued E. A. Blount in trespass to try title to recover 26 feet of ground fronting on Fredonia street of lot No. 1, block No. 23, in the city of Nacogdoches. The defendant answered by pleas of not guilty, the five-year statute of limitation, and improvements in good faith. The case was tried by the court without a jury, and judgment was rendered for the defendant.
As to the record title, it was agreed upon the trial that Josephine M. Roberts and Harriett Roberts are the common source. Harriett Roberts, being the owner of lot No. 1 in block No. 23 of the city of Nacogdoches, on November 19, 1872, by her deed of that date conveyed the north part of it to her daughter Josephine M. Roberts, in which the portion conveyed is described as follows: "Beginning at the S. E. corner of the public square of said city, thence running southwardly with the margin of South Fredonia street 111 9/10 vrs.; thence N. 67½ W. 65 vrs.; thence N. 23¼ E. to said public square; thence S. 67½ E. to the beginning;" and on November 21, 1873, by her deed of that date, she conveyed the south part of it to her daughter S. A. H. Roberts (sometimes called Susie, and sometimes Sarah Roberts), which is described in the deed as follows "Beginning at the S. E. corner of the above lot sold by her to Josephine M. Roberts; thence S. with South Fredonia street to Bayou Bonita; thence W. to corner; thence N. to corner; thence E. with south boundary line of said Josephine M. Roberts' lot to the beginning." The plot hereto attached shows the land conveyed by the two deeds mentioned, the parts afterwards sold by Josephine M. Roberts, and indicates the 26 feet in controversy.
Josephine M. Roberts at various times after 1873 conveyed, respectively, to Mary L. Roberts lot A, fronting 75 feet on Fredonia street, to B. D. Roberts lot B, fronting 137 feet on Fredonia street, and to her daughter Nannie May lot C, fronting 71 feet on Fredonia street. The southeast corner of the last-mentioned lot is very near a large bois d'arc tree, which is indicated on the plot. These three deeds embrace all the land comprehended in the first-mentioned deed from Harriett Roberts to Josephine M. Roberts. After making the three conveyances above mentioned, Josephine M. Roberts, on October 22, 1896, conveyed to plaintiff, L. S. Roberts, all her unsold portion in lot sold to her by Harriett Roberts. S. A. H. Roberts died intestate, and all her heirs, on May 15, 1900, conveyed to the defendant, E. A. Blount, the lot sold by Harriett Roberts to her. Their deed to him describes the land as follows: "About 100 yards south of the public square of the city of Nacogdoches, beginning at the southeast corner of a lot conveyed by Harriett Roberts to Josephine M. Roberts, said southeast corner, which is the beginning corner, being on the west boundary line of the said South Fredonia street; thence south 23½ W. to a corner on Bayou Bonita Bank; thence up said Bayou to the S. W. corner of lot 1; thence north to a corner; thence N. 23½ E. with the West B'y line of said lot 1 to the S. W. corner of the lot conveyed to Josephine M. Roberts; thence E. with the south B'y line of said Josephine M. Roberts' lot to the beginning." Josephine M. Roberts, on June 26, 1900, by her deed of that date, conveyed the land involved in this suit to her daughter Josephine Roberts, who, on July 13, 1900, conveyed to R. P. Lockey; and he, on April 18, 1901, by his deed of that date, conveyed it to the defendant, E. A. Blount.
The record title, as agreed upon by the parties, is thus shown. The contention of plaintiff is that, inasmuch as defendant failed to make out his plea of limitation, under this title he was, as a matter of...
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