Stradt v. First United Methodist Church of Huntington

• Decision Date: 01 November 1978
• Docket Number: No. B-7542,B-7542
• Parties: Anna Wilson STRADT, Petitioner, v. FIRST UNITED METHODIST CHURCH OF HUNTINGTON, Respondent.
• Court: Texas Supreme Court

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573 S.W.2d 186 Anna Wilson STRADT, Petitioner,
v.
FIRST UNITED METHODIST CHURCH OF HUNTINGTON, Respondent. No. B-7542. Supreme Court of Texas. Nov. 1, 1978.
Rehearing Denied Dec. 6, 1978.

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Robert L. Flournoy, Lufkin, for petitioner.

William Drew Perkins, Lufkin, for respondent.

JOHNSON, Justice.

The issue to be resolved in this lawsuit is a "no evidence" point dealing with a parol partition of land. Suit was instituted by Anna Stradt, plaintiff in the trial court and petitioner here, for partition of a 177-acre tract of land and an accounting. The First United Methodist Church, defendant below and respondent here, filed a cross action in

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the nature of a trespass to try title suit. Upon trial to a jury, the trial court rendered a take-nothing judgment against Mrs. Stradt and further decreed that full title to the land be awarded to the Church. The court of civil appeals affirmed that judgment. 567 S.W.2d 810. Mrs. Stradt argues in her appeal to this court that there is no evidence to support the award to the Church of title to the property. We agree with this contention and accordingly reverse the judgments of the court of civil appeals and the trial court.

The essential facts of the case are these: Anna Wilson Stradt is the daughter of Dr. H. M. Wilson and Anna D. Wilson, of Huntington, Texas. Mrs. Wilson died intestate in 1912, being survived by her husband, Dr. H. M. Wilson, and two children, Anna and Preston (commonly known as "P.R."). During their marriage, Dr. and Mrs. Wilson acquired as community property approximately 2,100 acres of land. The parties agree that since Mrs. Wilson died intestate, her children, Anna and P.R., each received a one fourth undivided interest in the 2,100 acres, Dr. Wilson retaining the other one half undivided interest. Dr. Wilson subsequently remarried.

In 1946 Dr. Wilson conveyed six separate tracts of land, totaling approximately 1,600 acres, to Mrs. Stradt and P.R. for a stated consideration of $2,500 and "for the love and affection, I do have for my son and daughter." The deed does Not recite "other good and valuable consideration," and there is no indication that Dr. Wilson received anything other than the consideration stated above. The 177-acre tract of land, which is the Only property here in controversy, was not included in the 1946 deed.

Dr. Wilson was a member of the Baptist Church, but his second wife was a member of the Methodist Church. On November 30, 1949 Dr. Wilson conveyed by separate deeds 275 acres of land to the First Baptist Church of Huntington and the 177 acres of land now in suit to the First United Methodist Church of Huntington. The deeds in each instance purported to convey full title to the land. Mrs. Stradt and P.R. did not join in these deeds.

Mrs. Stradt first learned of the 1949 conveyance by her father of the 177 acres to the Methodist Church sometime in the early 1950's. In 1956 she paid the back taxes on the property for her one fourth interest in the land and continued to pay the taxes on her interest until 1976, the time of this suit. The Church has not been as regular, having been delinquent from 1950 through 1974. In 1961 P.R. deeded his one fourth interest in the 177 acres to the Methodist Church, but reserved his interest in the oil, gas, and minerals. At no time has Mrs. Stradt conveyed her interest in the 177 acres to anyone.

On December 2, 1976 Mrs. Stradt filed the instant suit for an accounting and for a partition of her one fourth interest in the land. ¹ The Church filed a cross action in the nature of a trespass to try title suit, claiming sole title to the 177 acres under various statutes of limitations. ² The Church offered no evidence of limitation title and no special issue was requested or submitted on that theory.

Instead, the Church tried the case on the theory of parol partition, the argument being that the 1946 conveyance of the 1,600 acres by Dr. Wilson to Mrs. Stradt and P.R. was in full settlement of their interest in their mother's estate. If that were the case, then Mrs. Stradt and P.R. would not have had any interest left in the 177-acre tract at the time of the 1949 conveyance from Dr. Wilson to the Church. Over Mrs. Stradt's objection, the trial court submitted two special issues to the jury on the question of parol partition. ³ Affirmative answers

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to both issues resulted in the judgment that Mrs. Stradt take nothing and that the Church be awarded full title to the land. The court of civil...