Stubblefield v. State, 315

• Citation: 425 S.W.2d 699
• Decision Date: 08 February 1968
• Docket Number: No. 315,315
• Parties: Mrs. J. A. STUBBLEFIELD, Appellant, v. The STATE of Texas et al., Appellees. . Tyler
• Court: Court of Appeals of Texas. Court of Civil Appeals of Texas

Page 699

425 S.W.2d 699

Mrs. J. A. STUBBLEFIELD, Appellant, v. The STATE of Texas et al., Appellees.

No. 315.

Court of Civil Appeals of Texas Tyler.

Feb. 8, 1968.

Rehearing Denied March 28, 1968.

Adams, Granberry & Hines, Chester V. Hines, Crockett, for appellant.

Nat Patton, Jr., County Atty., Houston County, Crockett, for appellees.

MOORE, Justice.

This is an appeal from a judgment in a condemnation case.

The State of Texas, acting by and through the Commissioners' Court of Houston County, filed a petition with the County Judge seeking to condemn, for highway purposes, a strip of land owned by appellant, Mrs. J. A. Stubblefield, situated in Houston County, Texas, and described as follows:

'7.33 acres of land, more or less, same being a part of and out of a 160 acre tract in the Berry J. Bray Survey, Abst. 213 and a 30 acre tract in the D. Stilts Survey, Abst. 960, Houston County, Texas; which 7.33 acres of land, more or less, is more particularly described as follows:

'BEGINNING at a point on the proposed west right-of-way line of F.M. 2545, said point bears West 1701.5 feet from the northwest corner of said 160 acre tract and bears West 51.5 feet from Engineers' Centerline Station 202 45;

'THENCE East 103.0 feet to a point in the east right-of-way line, said point being 50 feet from and at right angles to Engineer's Centerline Sta. 202 32.8;

'THENCE S 14 20 W along said east right-of-way line, a distance of 1427.5 feet to the beginning of a curve to the left with central angle of 6 55 and radius of 2814.93 feet;

'THENCE in a southwesterly direction along said curve 345.8 feet to the end of the curve, being 50 feet from and at right angles to Engineers' Centerline Station 220 06.1;

'THENCE S 7 25 W continuing along said east right-of-way line, a distance of 1704.4 feet to a point in the west boundary line of said 30 acre tract, said point being 50 feet from and at right angles to Engineers' Centerline Station 237 10.5;

'THENCE N 3 00 W, 553.2 feet to a point in the west right-of-way line, said point being 50 feet from and at right angles to Engineers' Centerline Sta. 231 66.5;

'THENCE N 7 25 E along said west right-of-way line a distance of 1160.4 feet to the beginning of a curve to the right with central angle of 6 55 and radius of 2914.93 feet;

'THENCE in a northeasterly direction along said curve 345.8 feet to the end of the curve, being 50 feet from and at right angles to Engineers' Centerline Station 216 60.3;

'THENCE N 14 20 E continuing along said west right-of-way line, a distance of 1403.1 feet to the place of beginning.'

The petition alleged that the fee simple title was owned by appellant, Mrs. J. A. Stubblefield, and she was named as the sole and only party defendant.

The County Judge appointed Special Commissioners, who gave proper notice to appellant and held a hearing, after which they rendered their award. The decision and award of the Special Commissioners described the 7.33 acre tract by a metes and bounds description which was identical with that contained in the petition. The award, however, in addition to describing the 7.33 acre tract, went further and described a 0.14 acre tract stating that it was also being condemned and described the same as follows:

'A part of and out of the D. Stilts Survey, A--960, Houston County, Texas, and located approximately 4.5 miles Southwest of Kennard on proposed F.M. Hwy. 2545;

'Being on the East side of proposed F.M. 2545, a strip or parcel of land 75 feet long and 80 feet wide, 40 feet on each side of a channel centerline, and containing 0.14 acres of land more or less, said centerline being described as follows:

'BEGINNING at a point 50 feet to the left and at right angles to Engineer's Centerline Station 235 25;

'THENCE S 82--35 E, 75.0 feet to the end of said strip.'

The award of the Special Commissioners further recited:

'That on the 13th day of January, 1964, said Special Commissioners did convene, and the following named parties appeared in person or by their attorneys: and announced ready for such hearing, and said Special Commissioners proceeded to hear evidence as to the damages which will be sustained by the owner or owners, by reason of the taking of said easement and, after hearing and considering such evidence, said Special Commissioners did find and determine and accordingly assess damages to be paid by the County of Houston, according to the rules of damages set fourth in Article 3265, Revised Civil Statutes of Texas, in the total amount of One thousand three hundred ninety-seven and 40/100 Dollars ($1,397.40). For fences and gates. This sum to be divided between Mrs. J. A. Stubblefield and Gordon Stubblefield equally. This being the same tract of land owned by Mrs. J. A. Stubblefield and Gordon Stubblefield. Same being 7.33 and 0.14 acres.' (Emphasis supplied.)

Appellant, Mrs. J. A. Stubblefield, timely filed her objection to the award and thereby perfected her appeal to the County Court. The trial in the County Court of Houston County was before a jury. The cause was submitted to the jury in three Special Issues. In response to Special Issue No. 1, the jury found that the 'market value of the strip condemned' was $733.00. In answer to Special Issues 2 and 3, the jury found that the value of the defendant's remaining tract of land exclusive of the strip condemned immediately before the strip was taken was $21,267.00, and that the market value of the remainder immediately after the taking was $23,925.30.

The trial court rendered judgment on the verdict awarding appellant the sum of $733.00 for the land taken and denied appellant a recovery for any damages to the remainder. The judgment recited as follows:

'* * * the Plaintiffs shall be invested with and shall have and recover of and from said Defendant all of the right title and interest for right-of-way purposes for, in, over, and upon the following described tract of land; and the Defendant shall be divested of the fee simple title, same being all of her right title or interest in and to the following land; Said land being taken for right-of-way purposes being an undivided one-half (1/2) interest in and to 7.33 acres of land and 0.14 acres (emphasis supplied) out of the hereinafter described tract of land located and situated in Houston County, Texas and described as follows:

'TRACT ONE:'

(Here follows a metes and bounds description identical with that in the petition quoted above.)

'TRACT TWO:'

(Here follows a metes and bounds description of a 0.14 acre tract, identical with the 0.14 acre tract described in the award of the Special Commissioners.)

After filing a motion for new trial, appellant...