Wright v. Chandler

• Decision Date: 10 February 1915
• Docket Number: (No. 5361.)
• Citation: 173 S.W. 1173
• Parties: WRIGHT et al. v. CHANDLER et al.
• Court: Texas Court of Appeals

173 S.W. 1173

WRIGHT et al. v. CHANDLER et al.

(No. 5361.)

Court of Civil Appeals of Texas. San Antonio.

February 10, 1915.

Appeal from District Court, Cameron County; W. B. Hopkins, Judge.

Suits by Alice W. Wright and husband against Edwards H. Smith and A. B. Chandler, and by A. B. Chandler against Alice W. Wright, her husband, and Edwards H. Smith, were consolidated, and from an adverse judgment Alice W. Wright and husband appeal. Affirmed in part, and reversed and remanded in part.

Rich & Searle, of Brownsville, and G. P. Dougherty, of Houston, for appellants. Spears & Montgomery, of San Benito, and Graham, Jones, West & Dancy, of Brownsville, for appellees.

CARL, J.

Mrs. Alice W. Wright, who was formerly Mrs. Alice W. Pruitt, a widow, joined by her husband, J. A. Wright, filed suit against Edwards H. Smith and A. B. Chandler, in which she prayed judgment against Smith for $5,738.35 and interest thereon from October 14, 1912, and for cancellation of two vendor's lien notes aggregating $5,738.34, which she gave Smith in part payment for 53.38 acres of land in Cameron county, Tex. The contract price was $215 per acre, and it was charged that fraud was practiced upon her, in that she was unacquainted with lands in that section of the state and relied on said Smith and his agents; that said land was represented to be well drained and as good land as there was in the San Benito country; that it was free from alkali, etc., and was of the proper mixture of sand to be well suited to irrigation. These and other material representations were alleged to be false, and the Wrights tendered a deed back, and prayed: First, for judgment against Smith for $5,738.35 and interest as aforesaid and for a cancellation of the two notes, which it was alleged had been collusively and fraudulently conveyed to Chandler, and it was denied that he was an innocent purchaser for value before maturity thereof; second, prayer was made for judgment for $2,334.85 and cancellation of the two notes, the damages alleged to be $8,073.17, or the difference between the contract price, or what was given, and the market value of the land, and for confirmation of title of said land in plaintiffs. This was cause No. 25011 on the docket of the district court of Cameron county.

On October 25, 1913, A. B. Chandler filed suit in cause No. 2513, against the Wrights and Edwards H. Smith, in which he alleged that he was the owner of said notes, for value, without notice, etc., and, the first note being due, the option clause therein was exercised maturing both notes, and prayer was made for judgment for the debt and for foreclosure of the lien. Smith filed an answer, in proper person, in this last case, in which he admitted Chandler's cause of action and prayed for judgment over against Mrs. Wright, in case judgment went against him. The Wrights, having been cited, answered in this last case, and in a cross-action alleged substantially what was set forth in their petition in cause No. 25011, and in addition thereto pleaded other and additional alleged fraudulent acts on part of Smith. In their cross-action the Wrights prayed, first, for judgment for $11,476.69 and interest on $5,738.35 from October 14, 1912, and that Smith be required to accept a reconveyance of the land tendered. And in the alternative they prayed for $5,738.35 with interest from October 14, 1912, and judgment requiring Smith to accept a deed of reconveyance, and for judgment over against Smith for any money owing Chandler by the Wrights on account of the vendor's lien notes. As a further alternative prayer, they asked judgment against Smith for $5,738.35, with interest, and for judgment canceling the notes.

The two causes Nos. 2511 and 2513 were consolidated.

On April 15, 1914, Chandler and Smith filed supplemental pleadings in which, among other things, they allege since June, 1913, the Wrights have asserted ownership of the land and have been in possession thereof continuously claiming, using, and enjoying the same, including the rents and revenues; and denial is made of a tender of a deed, or that appellants have done those things which would entitle them to a rescission. And on this same day, April 15, 1914, the Wrights filed a pleading in denial of the matters so alleged by Smith and Chandler, and in this pleading they deny that they have asserted ownership of the land since October 10, 1913, again tendered deed to the land, and demanded the return of the purchase money and surrender of the notes, and offered to pay the reasonable rental value of the land from October 10, 1913, to that date; and they pray, also, for relief asked for in their other pleadings, and in the alternative for damages against Smith in the sum of $10,170.67, and for general and special relief. Smith and Chandler filed a motion on the same day to strike out this alternative plea for damages, and the court granted the motion, and rendered judgment against appellees upon the pleadings and answers of the jury hereinafter referred to.

In the original petition in cause No. 2511, as well as in the cross-action filed in No. 2513, the Wrights pleaded fully the facts, substantially the same, and in detail showed how they were damaged, and in each instance prayed for general and special relief, both in law and in equity. It developed to the satisfaction of appellants, upon the trial, that Chandler was an innocent purchaser of the notes for value, before maturity, and they thereupon admitted the cause of action in so far as...