Taylor v. Sanford

• Decision Date: 04 April 1917
• Docket Number: (No. 2483.)
• Citation: 193 S.W. 661
• Parties: TAYLOR v. SANFORD.
• Court: Texas Supreme Court

Page 661

193 S.W. 661

TAYLOR v. SANFORD.

(No. 2483.)

Supreme Court of Texas.

April 4, 1917.

Error to Court of Civil Appeals of Seventh Supreme Judicial District.

Suit by J. M. Sanford, as administrator of the estate of R. H. Sanford, deceased, against Annie Lee Taylor, to cancel a deed. Judgment for the plaintiff was affirmed by the Court of Civil Appeals (150 S. W. 262), and defendant brings error. Reversed, and judgment entered for defendant.

A. S. Rollins, of Amarillo, and J. C. Hunt, of Canyon, for plaintiff in error. Madden, Trulove & Kimbrough, of Amarillo, for defendant in error.

PHILLIPS, C. J.

The suit was by J. M. Sanford, administrator of the estate of R. H. Sanford, deceased, to cancel a deed of R. H. Sanford to Annie Lee Taylor conveying certain property in Canyon, Texas. The deed was executed and acknowledged by R. H. Sanford on June 14, 1911. It recited that Miss Taylor was to assume the payment of three vendor's lien notes against the property, aggregating $750.00, principal, and that a part of its consideration was the conveyance by Miss Taylor to Sanford of a lot in the town of Hamlin, in Jones County, and a 40 acre tract of land in Presidio County. Sanford was the sheriff and tax collector of Randall County. Miss Taylor was his office clerk and stenographer. There was evidence tending to show that Sanford and she had been engaged to be married. She had loaned Sanford some of her private means, which had not been repaid. Sanford was due the State of Texas and Randall County approximately $1000.00 for taxes which he had collected and for which he had not accounted, and was in a state of some financial embarrassment. He committed suicide on June 15, 1911, the day following his execution of the deed to Miss Taylor.

After executing the deed on June 14, Sanford immediately filed it for record in the office of the County Clerk, and, on the same day, following its record, mailed it to Miss Taylor who at that time was visiting her home in another county of the State. He likewise immediately mailed her in the same or a separate enclosure two deeds for her execution conveying to him the lot in Hamlin and the tract of land in Presidio County, mentioned in his deed to her. Accompanying the deed to Miss Taylor was the following letter from Sanford addressed to her.

                                   "Canyon, Texas, June 14, '11
                

"Dear Lee: I am sending you some deeds to sign, herewith, also enclosed a lot of other papers which are yours. Yours to keep. I want you to have them as I am deeding to you my house and the 4 lots where Cannon lives. The deed I am putting on record here and as soon as it is recorded it will be sent to you. I want you to have the house as it will make you a good living and also furnish you a home. Keep it darling as a gift from me. Under no circumstances don't give it up unless you sell it in order to support yourself. You will see from the deed that there are three notes standing against it that will fall due, one this fall on Sept. 10th, for $250.00. Also the interest on the other two will become due at that time, the 2nd note will be due one year from that date and one year later the last one will be due. Of course you can pay them sooner if you choose. Please execute the two deeds to the Hamlin and the Presidio property as drawn, sign them before a notary public and send them to the Co. Clerk at Anson and Marfa to have recorded. Send a dollar with each and have them returned to me here. This is to show a consideration in your deed and is made a part of the consideration. I know you will not feel like you should accept this from me, but you must as it is my wish and I can't think of doing otherwise. It costs me more to write this than you will ever know, but the only satisfaction that I am to get is to know that I am leaving you provided for as my foster and adopted sister. * * * I will send you a draft for $400.00. Will send it to the bank there or may send it direct. This will leave you in good shape as the house is well worth $4,000.00 and should rent for from $30.00 to $40.00 per month. I am sure you can get it insured for $3000.00 next time after this policy runs out. I will just leave everything I have in the house and that you and Mack can dispose of. When you return to see about it, bring this letter and show it to him, and he will understand all. I have foreseen this for some time, but thought I could get it all shaped up. I see that I cant and it is no fault of mine. If I could have gotten it all adjusted, we would have gotten married and lived as happy as...