Wilson v. Clemmons
| Citation | 170 S.W. 855 |
| Decision Date | 04 November 1914 |
| Docket Number | (No. 6653.) |
| Parties | WILSON v. CLEMMONS. |
| Court | Texas Court of Appeals |
Appeal from District Court, Tyler County; A. E. Davis, Judge.
Action by J. W. Clemmons against A. D. Wilson. Judgment for plaintiff, and defendant appeals. Affirmed.
Smith, Crawford & Mead, of Beaumont, and W. A. Johnson, of Woodville, for appellant. Joe W. Thomas and Joe A. Harper, both of Woodville, for appellee.
This is an action of trespass to try title to a tract of 50 acres of land on the Robert Lucas survey in Tyler county. Plaintiff's petition, in addition to the usual allegations in an action of trespass to try title, contains allegations of title under the three, five, and ten year statute of limitation, and further alleges, in substance, that on or about September 7, 1895, the Sam Allen Lumber Company and Sam Allen entered into an agreement and contract in writing with A. G. Lindell, the grantor of plaintiff, whereby it was agreed that in consideration of said Lindell holding possession for five years, as a tenant for said company, 555 acres of the R. Lucas league in Tyler county, that said company would execute and deliver to said Lindell a good and sufficient deed to 50 acres out of the southeast corner of the 555-acre tract, and that Lindell and his vendees and this plaintiff complied in every respect with said contract, and the defendants herein at the time of their pretended purchase of said land had notice of the possession of plaintiff and his vendors and of their claim and rights under said contract. The defendants answered by pleas of not guilty and pleas of limitation of three and five years. The trial in the court below without a jury resulted in a judgment in favor of the plaintiff.
The record shows the following facts: Sam Allen is the common source of the title under which both parties claim. In 1905 Sam Allen and A. G. Lindell entered in an agreement by which Lindell undertook to take possession and hold as tenant for said Allen, for a term of five years, a tract of 500 acres of land then owned by him and of which the 50 acres in controversy is a part, and in consideration of said Lindell's holding possession and protecting said 500 acres for the time mentioned, Allen agreed to convey to him 50 acres out of the southeast corner of said tract, to be taken in a square. This agreement was in writing, and in pursuance thereof Lindell took possession of said tract and made improvements in its southeast corner consisting of a dwelling house and a small field. He held possession by a tenant of the entire tract of land under his agreement with Allen until March 24, 1899, when he conveyed to J. J. Fields by quitclaim deed all of his right, title, and interest in said land under his said contract. Fields took immediate possession, and held same under said contract until January 22, 1900, when he conveyed to appellee the 50 acres in controversy. Appellee held possession of the 50 acres under his deed and said original contract with Allen until November 11, 1903, on which date he conveyed to T. A. Birdwell. Birdwell did not make his home on the land, but he kept his household goods in the house on said 50 acres and kept his hogs on the place. He did not cultivate the farm. On March 4, 1905, Birdwell reconveyed the 50 acres to appellee, who has held continuous possession thereof by tenants up to the time this suit was tried, but his possession has not been exclusive during said time; appellant having at different times since 1904 been in possession of portions of said 50 acres. On May 9, 1899, E. A. Blount filed suit against Sam Allen, the Sam Allen Lumber Company, and A. G. Lindell to recover the 500-acre tract of land. Judgment was rendered in this suit on May 23, 1901, in favor of the plaintiff against all of the defendants. It does not appear under what title or in what right Blount recovered in this suit. The appellants have acquired the title obtained by Blount through this judgment.
Appellant's first assignment of error complains...
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Astin v. Martin
...of years with option to purchase at expiration of term, his possession gives notice both of the tenancy and the option. Wilson v. Clemmons (Tex. Civ. App.) 170 S. W. 855. Where a tenant in possession under verbal lease for a year made verbal lease for the following year, his possession duri......
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Gilroy v. Rowley
...of the extent of defendants' rights by the fact that they were in actual possession of the premises, cultivating the lands. Wilson v. Clemmons, 170 S. W. 855; Miller v. Flattery, 171 S. W. 253; Pipkin v. Ware, 175 S. W. 808; Bounds et al. v. Little, 75 Tex. 316, 12 S. W. The fourth charges ......