Texas Osage Co-Operative Royalty Pool v. Cruze
| Decision Date | 28 November 1945 |
| Docket Number | No. 9526.,9526. |
| Citation | 191 S.W.2d 47 |
| Parties | TEXAS OSAGE CO-OPERATIVE ROYALTY POOL, Inc., et al. v. CRUZE et al. |
| Court | Texas Court of Appeals |
Appeal from District Court, Hays County; J. R. Fuchs, Judge.
Action in trespass to try title and to cancel a mineral deed as constituting a cloud on title to land by Joe Cruze and others against the Texas Osage Co-Operative Royalty Pool, Inc., and others. From an adverse judgment, defendants appeal.
Reversed and remanded.
House, Mercer, Edwards, & Irvin, of San Antonio, for appellants.
L. D. Hill and Saunders & Saunders, all of San Antonio, for appellees.
As concerns this appeal appellee Joe Cruze sued appellants, Texas Osage Co-Operative Royalty Pool, Inc., et al., in ordinary form of trespass to try title to recover 2,328 acres of land in Hays County, Texas, and in addition alleged that if defendants were claiming any interest or title in the land under a mineral deed, dated April 15, 1929, recorded in Vol. 100, pp. 181, 182, Deed Records of Hays County, appearing to have been signed by appellee Joe Cruze and his wife, Gladys Cruze, and conveying to L. B. Cummings an undivided one-half interest in and to the oil, gas and mineral rights in the land, that neither appellee nor his wife signed such mineral deed, and it was in fact a forged instrument; and that therefore neither L. B. Cummings, the purported grantee, nor any of the defendants acquired any title or interest by virtue of or through other conveyances emanating from the forged mineral deed; which appellee sought to cancel as constituting cloud upon title to the land.
In answer to the only special issue submitted, the jury found that appellee Cruze did not sign the mineral deed, and accordingly the judgment canceled it as constituting cloud upon title to the land; hence this appeal.
Appellants present forty-three points of error, most of which raise questions of admissibility of evidence. The first two points complain of the introduction of the Deed Records of Hays County, Texas, showing an oil and gas lease from Gay Harris and wife to Balsar Blum, dated May 3, 1929, recorded in Vol. 100, p. 140 of said deed records; and also showing a mineral deed from Harris and wife to Balsar Blum of the same date, recorded in Vol. 100, pp. 143, 144 of said deed records. The objection made to the introduction of the record of these instruments was that no notice was given or filed three days before the trial of the intention to offer them in evidence as required by the provisions of Art. 3726, as amended, Vernon's Ann.Civ.St. art. 3726. These questions become immaterial under our view that it was error to introduce the record of these instruments, and particularly of the mineral deed of Harris and wife to Blum, together with Harris' testimony that he did not sign the mineral deed, and that it was a forgery. Points 3 to 10, both inclusive, raise the foregoing questions.
As pleaded and proved this suit was one to remove as cloud upon title of the Cruze land the alleged forged mineral deed from Cruze and wife to Cummings. The sole fact issue involved was whether Cruze signed the mineral deed, or whether it was a forgery. The objections made to the introduction of the record of the oil and gas lease and the mineral deed from Harris and wife to Balsar Blum were that they were transactions with other persons, and were irrelevant, immaterial, and highly prejudicial, and in violation of the well-settled general rule that res inter alios acta are incompetent evidence, and particularly so in a civil case. The evidence was admitted upon the theory that it came within the exception to said general rule providing that wherever prior plan, scheme, system or design become relevant in a civil case, evidence may be offered to establish such prior plan, scheme, system or design which included the doing of the act charged as a part of its consummation. We are of the view that the facts do not bring the instant case within such exception to the general rule as applied by the courts of this State. They will be stated in substance, showing the manner and time of the introduction of the evidence here complained of.
In the year 1929 Balsar Blum of San Antonio, Texas, was engaged in the business of securing oil and gas leases and mineral deeds, and from January to August, 1929, he secured many such leases and mineral deeds throughout the Wimberley vicinity in Hays County, Texas.
Appellee Cruze testified that Blum came to his ranch and obtained a regular 88 form oil and gas lease on the 2,328 acres of land in question, for a consideration of 25¢ per acre; that he and his wife, Gladys Cruze, now deceased, signed and acknowledged the lease in the living room of their ranch house, before Eli Hill, a justice of the peace and ex officio notary public of Hays County, Texas, now deceased; that Hill came with Blum, but did not have a notary seal with him; that appellee desired a copy of the lease, and offered to send some one for a notary seal while a copy of the lease was being prepared, but that Blum told him that he and Hill would be in the nearby town of Wimberley later in the day, and would have a copy of the lease for appellee at the time, and that the notary seal would be then placed on the lease by Hill, to which Hill agreed; and the lease was then delivered and a check for 25¢ per acre was delivered to appellee; that Blum and Hill did not meet appellee in Wimberley as agreed; and that appellee did not see Blum until about one year later in Blum's office in San Antonio, Texas, where appellee went to see him a few days after discovering that the mineral deed in controversy had been recorded in the Deed Records of Hays County, Texas, on April 1, 1930; the mineral deed being dated April 15, 1929, the original of which was attached to the interrogatories of Balsar Blum and introduced in evidence. Appellee Cruze further testified that he did not sign the mineral deed, and that his purported signature thereto was a forgery.
Balsar Blum testified by deposition that from January to August, 1929, he secured many oil leases and mineral deeds throughout the Wimberley vicinity in Hays County; that Eli Hill usually went with him and acted as notary in most instances, and usually placed his seal on such instruments wherever the acknowledgment was taken; that on April 15, 1929, he and Hill went to the Cruze ranch and he obtained a regular 88 form oil and gas lease and the mineral deed on the regular form E 3000-Royalty Contract-Class 4 therefor, for L. B. Cummings; that he filled in the blank spaces in the instruments, on a typewriter which he had with him, as to the names of the parties and the description of the land, and filled in the notary's jurat on each instrument with a pen and ink; that Joe Cruze and his wife, Gladys Cruze, then signed both instruments in his presence and in the presence of Hill, who at the time took their separate acknowledgments, and signed and affixed his notary's seal thereon at the time; that Cruze and wife then delivered him the lease and mineral deed, and he delivered them a check for the 25¢ per acre, which was the consideration agreed upon and the reasonable and prevailing price for both such lease and mineral deed in that vicinity at the time; and that both Cruze and his wife expressed satisfaction with the transaction, and "said they needed the money and were glad to get it; that it was just like finding it."
In answer to another direct interrogatory, Blum was asked if the deal were closed on the day he first went to the Cruze ranch, and he replied:
In rebuttal Cruze testified, after having the foregoing answer of Blum read to him, that there was "not a word of truth in it."
Blum further testified that Cruze came to his office in San Antonio about one year later and asked that his lease and mineral deed interests be reconveyed to him, stating that they were worth more than was paid for them, and offered to return the purchase price paid therefor; and that he (Blum) told both Cruze and his wife, who accompanied him, that he secured the lease and mineral deed for Cummings, and that they would have to see him about the matter.
In rebuttal Cruze stated that his wife did not accompany him to San Antonio to see Blum, and gave his version of the conversation with Blum as follows:
Cruze further testified:
To continue reading
Request your trial
-
Corrigan v. Heard
...Tex.Civ.App., 37 S.W.2d 1055, affirmed Tex.Com.App., 62 S.W.2d 67; 15 Tex.Jur. 760 § 2, page 761 § 3; Texas Osage Cooperative Royalty Pool v. Cruze, Tex.Civ.App., 191 S.W.2d 47; Van der Hoven v. Nette, 32 Tex. Appellant's third point is as follows: 'When evidence tending to prove a material......
-
1st Coppell Bank v. Smith
...name to the note or deed of trust. A forged deed, or deed of trust, is void, and does not pass title to land. Texas Osage Cooperative Royalty Pool, Inc. v. Cruze, 191 S.W.2d 47, 54 (Tex.Civ.App.--Austin 1945, no writ); Erwin v. Curtis, 5 S.W.2d 547, 548 (Tex.Civ.App.--Eastland 1928, writ re......
-
Texas Cookie Co. v. Hendricks & Peralta, Inc.
...Farm Bureau Mutual Insurance Co. v. Baker, 596 S.W.2d 639, 642 (Tex.Civ.App.--Tyler 1980, writ ref'd n.r.e.); Texas Osage Co-Operative Royalty Pool v. Cruze, 191 S.W.2d 47, 51 (Tex.Civ.App.--Austin 1945, no writ). An exception to the general rule states when the intent with which an act is ......
-
Underwriters Life Ins. Co. v. Cobb
...Payne v. Hartford Fire Insurance Co., 409 S.W.2d 591, 594 (Tex.Civ.App.--Beaumont 1966, writ ref'd n.r.e.); Texas Osage Co-Operative Royalty Pool, Inc. v. Cruze, 191 S.W.2d 47, 51 (Tex.Civ.App.--Austin 1945, no writ). Underwriters' intent in denying the Cobbs' claim was an important issue i......