Wilcox v. St. Mary's University of San Antonio, Inc.
| Decision Date | 17 December 1975 |
| Docket Number | No. B--5297,B--5297 |
| Citation | 531 S.W.2d 589 |
| Parties | Mrs. Seb S. WILCOX et al., Petitioners, v. ST. MARY'S UNIVERSITY OF SAN ANTONIO, INC., et al., Respondents. |
| Court | Texas Supreme Court |
McGinnis, Lochridge & Kilgore, John W. Stayton and George D. Byfield, Austin, for petitioners.
Patrick J. Kennedy, San Antonio, W. W. Allen, Laredo, for respondents.
This suit was filed by the State of Texas on behalf of the Texas Library and Historical Commission to determine the ownership of an extensive collection of historical documents known as 'The Laredo Archives.' The defendants were St. Mary's University and the late Sebron S. Wilcox's widow and heirs, who had presented the archives along with other documents, books, and papers (known as the Wilcox Collection) to St. Mary's in 1960. The City of Laredo intervened, claiming title to the Laredo Archives against all of the other parties.
Thereafter, on July 18, 1972, the City of Laredo and St. Mary's University entered into a written settlement agreement with the State whereby they quitclaimed to the State all right, title, and interest in the Laredo Archives, with care, custody, and possession to remain at St. Mary's and with microfilm copies to be furnished to the City of Laredo. Thereupon, St. Mary's moved for a severance and separate trial of the issue between it and the Wilcox defendants as to 'whether the title, whatever its character and quality,' claimed by the Wilcox defendants 'in and to the subject documents became the sole and exclusive property of St. Mary's University by virtue of an unconditional and irrevocable gift of such documents to St. Mary's in 1960.' The severance and separate trial of this issue was agreed to by all of the parties, and in such separate proceeding the trial court granted St. Mary's motion for a summary judgment against the Wilcox defendants on December 14, 1972. On appeal by the defendants, the court of civil appeals affirmed. 497 S.W.2d 782, Tex.Civ.App. Upon writ of error, this Court dismissed the appeal holding that no final appealable judgment had been rendered because it failed to dispose of the other parties. 501 S.W.2d 875, Tex. On October 10, 1974, the trial court rendered another judgment reentering the summary judgment for St. Mary's against the Wilcox defendants and disposing of the other parties and issues in accordance with their agreement of settlement. This second judgment was affirmed by the court of civil appeals 'for the reasons stated in its earlier opinion.' 521 S.W.2d 157, Tex.Civ.App. Because of the failure of St. Mary's to make summary judgment proof showing that no material issues of fact exist between it and the Wilcox heirs, we reverse the judgments of the lower courts and remand the case for trial on the merits.
At the outset, it should be noted that the proceeding below and this appeal does not deal in any manner with the claim of title asserted by the State to be superior to any claims of Sebron S. Wilcox and his heirs insofar as concerns the Laredo Archives. This part of the so-called 'Wilcox Collection,' which has been in the possession of St. Mary's since 1960, is entirely separate and distinguishable from the rest of the massive historical collection assembled by Mr. Wilcox. The Laredo Archives are the only documents within the 'Wilcox Collection' which are claimed or sued for by the State, and they are identified in the title settlement between the State, the City of Laredo, and St. Mary's as follows:
'The historical papers and documents commonly referred to as the 'Laredo Archives' consisting of municipal records pertaining to the City of Laredo, which was founded in 1755, the earliest document bearing date of 1749 and the most recent document bearing date of 1868, such records being comprised of 3,245 documents containing a total of 13,343 pages . . ..' (Covering seventeen enumerated subjects.)
On the other hand, the severed issue of title as between St. Mary's and the Wilcox defendants relates to the entire 'Wilcox Collection' which was delivered and presented by said defendants to St. Mary's in 1960, including the Laredo Archives. St. Mary's contends that the 'presentation' was a gift under which it acquired whatever title the Wilcox defendants had; and if not by gift, then by limitation under its claim of ownership and possession for more than two years after any Wilcox cause of action arose. The Wilcox heirs claim that the 'presentation' was a loan; that this was known to St. Mary's officials from the beginning and that they did not have notice of any claim of ownership by St. Mary's until 1970.
As indicated, the judgment below was not based upon a trial on the merits at which the parties could fully develop their respective contentions with oral testimony. Rather, it was a summary judgment based solely upon the pleadings, an affidavit of Brother Paul Novosal, Librarian at St. Mary's, in support of the summary judgment; an affidavit of Mrs. Mary Genevieve Wilcox in opposition to the summary judgment; and oral depositions of the defendants, Mrs. Sebron S. Wilcox, Mary Genevieve Wilcox, and William S. Cox, with accompanying exhibits.
From these documents it appears undisputed that Sebron S. Wilcox, long-time court reporter and historian at Laredo, discovered the 'Laredo Archives' in the basement of the Webb County courthouse in 1934; that he probably saved them from destruction; that they were kept in eight metal boxes in his office at the courthouse as long as he was court reporter, and thereafter in the county clerk's office, where they were found after his death in 1959. During the intervening years, Mr. Wilcox worked with the archives, helped in the W.P.A. transcription of them, made his own notes concerning them, and added writings of his own which he produced as a result of his research and evaluation of the materials. He and his widow, Stella Marie Wilcox, apparently claimed title to the Laredo Archives by reason of a gift from the Sheriff of Webb County as custodian of the courthouse, the validity of which title is disputed by the State and the City of Laredo.
In addition, Mr. Wilcox also assembled a mass of historical writings, documents, photographs, newspapers, books, and artifacts which relate to Laredo but which were separate from the 'Laredo Archives.' He was an avid and capable historian and preserver of historical records and resources. Prior to his death, Mr. Wilcox indicated to his wife and to officials of St. Mary's University that he wished the University to have his collections and to spend his remaining years working with...
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