Williams v. Howell

• Decision Date: 02 March 1989
• Docket Number: No. 17972,17972
• Parties: H.K. WILLIAMS and Rose Lee Williams, Petitioners, v. Alvin J. HOWELL, Lear W. Howell and Richard L. Miranda, Respondents.
• Court: New Mexico Supreme Court

Page 870

770 P.2d 870

108 N.M. 225

H.K. WILLIAMS and Rose Lee Williams, Petitioners, v. Alvin J. HOWELL, Lear W. Howell and Richard L. Miranda Respondents.

No. 17972.

Supreme Court of New Mexico.

March 2, 1989.

Rehearing Denied April 12, 1989.

[108 NM 225] Thomas G. Fitch, Socorro, for petitioners.

John E. Keithly, Anthony, for respondents.

OPINION

STOWERS, Justice.

We have granted certiorari to consider whether on a claim for adverse possession under color of title, extrinsic evidence, not referred to or identified in the deed, is admissible to cure an inadequacy in the deed description.

Plaintiffs-petitioners, H.R. Williams and Rose Lee Williams, initiated this lawsuit in 1986 to quiet title to certain real property located in Winston (formerly the Town of Fairview), Sierra County, New Mexico, and referred to as the Winston Store property. The district court quieted title to the property in the petitioners against the adverse claims of defendants-respondents, Alvin J. Howell, Lear W. Howell (the Howells), and Richard L. Miranda. We affirm the judgment of the trial court.

The petitioners alleged that the Winston Store property is a tract of land and improvements bounded on the north by New Mexico Highway 52, on the east by a street known as Broadway, and on the south and west by public roads called 7th Street and "B" Avenue, respectively. The Fairview plat map recorded in 1885 shows the subdivision of the townsite into blocks and lots. When the plat is superimposed upon a drawing of the Winston Store property, it is apparent that the Winston Store property includes what is designated as Blocks 39, 40, 45, and 46, together with parts of two cross streets ("A" Avenue and 8th Street) separating the four blocks. For a substantial period of time, however, the Winston Store property also has been described merely as Block 40.

In June 1962, the Howells purchased a tract of land in Winston from the Johnsons. The legal description of their property referred to "Blocks 30, 31, 38 and 39, and 40, 45 and 46." The Howells in 1971 conveyed "[a]ll of Block No. Forty (40)" to G.S. Greer and Raymon Greer (the Greer brothers). In 1973 the Greer brothers deeded "[a]ll of Block No. Forty (40)" including a store to Kenneth and Cherrill Sullivan. The Sullivans thought they were purchasing "the entire Winston Store property." They conveyed "[a]ll of Block No. Forty (40)" to the Williamses on October 19, 1976. The Williamses also thought they were purchasing "the entire Winston Store property."

The June 30, 1971, warranty deed from the Howells to the Greer brothers described the property as "Block 40 Fairview, now Winston, New Mexico" and a correction warranty deed was filed by the Howells on September 10, 1971, which described the property as "ALL OF BLOCK NO. FORTY (40) IN THE ORIGINAL TOWNSITE OF FAIRVIEW * * * according to the Plat thereof on file * * *." Thus, deeds from the Howells, the Greer brothers, and the Sullivans contained identical descriptions of Block 40 and referred in the deed to the original Fairview plat. On February 8, 1986, the Howells conveyed to respondent, Richard Miranda, and to B.T. Miranda the tract of disputed land that is the subject matter of this action.

Miranda does not dispute the Williams' ownership of the store itself, but does make claim to a 1.405 acre parcel that is separated from the store property by a fence, old barn and corral. The petitioners are alleging that they purchased the Winston store, the house, the barn and all other improvements and land within the block which is bounded by Highway 52, Broadway, and two other streets. They also state in their claim that sometime prior to February 1986 Miranda approached them asking to buy the vacant land in the rear of their property.

The trial court found that the disputed portion of the store property was contained within Blocks 39, 40, 45, and 46 of the Fairview plat; that "Block 40", however, constituted an adequate description to provide "sufficient color of title for the entire Winston Store Property"; and to the extent that "Block 40" is not one and the same as the "Winston Store Property", all of the conveyances from the Howells forward contained mistakes and should be reformed to describe the entire Winston Store property. The trial court also found that, during the thirteen years the Sullivans and the Williamses possessed the property, they had been in continuous possession of the disputed tract, had paid taxes on the disputed tract, and possessed and used the entire Winston Store property including the area of the disputed tract openly, continuously, notoriously, exclusively and in good faith under color of title adversely to any claimed interests of respondents.

In its conclusions of law, the trial court stated that respondents were estopped from claiming any interest in the disputed property; petitioners acquired title by adverse possession to the disputed land; the description "Block 40" on conveyances from the Howells and thereafter was intended to cover the entire store property; and all conveyances since the Howells must be reformed to describe the Winston Store...