Wright v. Vernon Compress Co.

• Decision Date: 28 November 1956
• Docket Number: No. A-5837,A-5837
• Citation: 156 Tex. 474,296 S.W.2d 517
• Parties: Robert L. WRIGHT, Petitioner, v. VERNON COMPRESS COMPANY, Respondent.
• Court: Texas Supreme Court

Page 517

296 S.W.2d 517

156 Tex. 474

Robert L. WRIGHT, Petitioner, v. VERNON COMPRESS COMPANY, Respondent.

No. A-5837.

Supreme Court of Texas.

Nov. 28, 1956.

Rehearing Denied Jan. 2, 1957.

Poteet & Pruitt, Vernon, for petitioner.

O. O. McCurdy, Jack E. Hightowere, Vernon, for respondent.

SMITH, Justice.

Petitioner Robert L. Wright sued the respondent Vernon Compress Company for the title and possession of Lots Two (2) and Three (3) in Block Seven (7) of the R. F. Jones Addition to the town of Vernon, Wilbarger County, Texas. In addition to the usual allegations in trespass to try title, petitioner specially plead title by adverse possession under the 3, 5, 10, and 25-year statutes of limitations of the State of Texas. The respondent answered by pleas of not guilty and also alleged title by adverse possession under the 3, 5, 10, and 25-year statutes of limitations of the State of Texas. It further alleged the placing in good faith of valuable improvements upon said land and consequently it sought judgment against the petitioner for all sums so expended in the event petitioner should recover title to the lots of land involved. After trial by the court, with the aid of a jury, the court entered judgment in favor of the petitioner for the title and possession of the land involved, and entered judgment in favor of the respondent for the sum of $500 being the sum found by the jury to be the enhanced value of the land by virtue of improvements placed on said land in good faith. This latter part of the judgment is not involved in this Court, hence, needs no further consideration, except to say that the judgment of the trial court on this phase of the case having become final must be affirmed. On appeal the Court of Civil Appeals has reversed the judgment of the trial court and rendered judgment that respondent Vernon Compress Company have title and possession of Lots Two and Three of Block Seven of the R. F. Jones Addition to the town of Vernon, Wilbarger County, Texas. 284 S.W.2d 168.

The facts are rather involved but we believe that the following statement will afford a proper background for our decision in this case.

The land here involved was patented to T. Windsor Robinson on July 16, 1883 by the State of Texas. R. F. Jones was conveyed the property when a partition deed was executed by T. Windsor Robinson, trustee, and the other owners of the property on September 11, 1883. R. F. Jones conveyed the property to J. A. Rogers on October 15, 1889 and he conveyed to F. P. Heare on March 15, 1890. On April 11, 1892, A. C. McKinney, as Tax Collector for the City of Vernon, sold the property by summary sale for taxes to the City of Vernon, since there were no other bidders. The title acquired under this sale remained outstanding in the City of Vernon until after the commencement of this suit. The City of Vernon conveyed these lots to the Vernon Compress Company, defendant and respondent here, on November 17, 1954. Notwithstanding the conveyance to the City of Vernon in 1892 for delinquent taxes, F. P. Heare conveyed the property to Chester Clark, Milton May, W. D. Austin, and J. A. Cummins on March 6, 1894; J. A. Cummins taking a one-half interest, Clerk and May each taking one-sixth interest, and W. D. Austin and R. N. Austin each taking one-twelfth interest. On May 24, 1894 J. A. Cummins conveyed his undivided one-half interest in this property to Milton May, C. C. Clark and S. W. Merchant. Since the deed does not designated the share each received, this would give each one-third of Cummins' one-half interest or one-sixth interest of the whole. Milton May already owned a one-sixth interest, therefore, May's share would be one-third interest in the property. In 1901 the County Attorney of wilbarger County, Texas instituted a suit against Milton May for the collection of state and county taxes and a foreclosure of the tax lien but did not join the City of Vernon nor any of the other part owners of said property. The suit was prosecuted to judgment and an order of sale was issued and the property in question was struck off under such foreclosure sale to W. B. Townsend and on March 21, 1902 the sheriff conveyed all of the interest which Milton May had on September 8, 1900 to W. B. Townsend On September 22, 1905, W. B. Townsend conveyed the entire fee to Y. W. Thomason. Y. W. Thomason went into possession of the land in that same year and lived there until his death on May 18, 1918. The land was then occupied by the tenants of the heirs of Y. W. Thomason until 1932. Sometime about the year 1941 respondent claims its limitation title began when a man by the name of Shahay took possession of the property. About September 1946 one J. B. Hardin entered into possession and continued to live thereon until sometime during 1952. On January 21, 1952, J. B. Hardin conveyed the property to G. D. Edwards by quitclaim deed. G. D. Edwards died intestate leaving his wife and four daughters, three of the daughters being married and one was single and over twenty-one years of age. All three married daughters joined by their husbands and also the single daughter gave to their mother, Mrs. Florence Edwards, power of attorney granting her authority to sell the property in question and J. B. Hardin also gave Florence Edwards a deed to the property. On August 14, 1953, Florence Edwards by quitclaim deed transferred the property to Vernon Compress Company and the same was recorded on August 15, 1953. During the latter part of 1953, Robert L. Wright purchased from the heirs of Y. W. Thomason, and their respective wives, their interest in the land and had such instruments recorded on December 7, 1953. On March 11, 1954, Robert L. Wright as petitioner brought this suit against the Vernon Compress Company as respondent for title to the property in question.

At the close of the petitioner's evidence in this case and thereafter at the close of all the evidence, the respondent presented its motion for an instructed verdict which was by the court overruled. The respondent urged in its motion that it was entitled to an instructed verdict for the reasons (1) that the plaintiff-petitioner failed to establish title either by the record or by limitations. (2) that the undisputed record title and prior outstanding record title reposes either in respondent through its deed from the City of Vernon, or else the prior legal outstanding title reposes in the City of Vernon and not in anyway in the respondent, and further contended that the record title being in the City, limitations will not run against any political subdivision of the State of Texas, and (3) that if the petitioner ever acquired any title to the property by limitation or otherwise, the same had been lost and now reposes in the defendant-respondent by virtue of the continuous, adverse, open, notorious, hostile, and peaceable possession of the respondent.

In its submission of special issues to the jury, the court did not submit any issues inquiring as to petitioner's claim of title under either of the statutes of limitations of the State of Texas. The only issue of limitations submitted was an inquiry as to whether or not the respondent, Vernon Compress Company, acquired title under the ten-year statutes of limitations. In answer to this issue the jury gave a negative answer. The jury further found that the Thomasons, petitioner's predecessors in title, oid not abandon the land in question.

The respondent-defendant filed its motion for judgment non obstante veredicto which was to the effect that under the undisputed evidence the respondent had acquired title under the ten-year statutes of limitations, and, therefore, no issue of fact was raised for submission to the jury. The Court of Civil Appeals has sustained this contention as well as the respondent's contention that it conclusively proved that it was the owner of the outstanding title which had been acquired by the City of Vernon under the tax sale above mentioned. We do not agree with the Court of Civil Appeals on either of these questions. First, we shall consider the question of outstanding title. Respondent relies on the title acquired by the City of Vernon under the deed from the Tax Collector to it.

One relying on a City Tax Collector's deed as a valid source of title must sustain that deed as to the authority to sell the land and that the statutory conditions were complied with. Meredith v. Coker, 1885, 65 Tex. 29; Clayton v. Rehm, 1886, 67 Tex. 52, 2 S.W. 45; Dawson v. Ward, 1888, 71 Tex. 72, 9 S.W. 106; Earle v. City of Henrietta, 1897, 91 Tex. 301, 43 S.W. 15, answering certified questions of Tex.Civ.App.1897, 41 S.W. 727. Under this rule, the Vernon Compress Company, the claimant under the deed to land sold by summary proceedings, has the burden of proof to sustain the sale because the collector's deed is not in itself conclusive proof that the authority conferred under the statute has been complied with. Justice Brown, in the case of City of Henrietta v. Eustis, 1894, 87 Tex. 14, 18, 26 S.W. 619, 620, when speaking of the collection of taxes by summary sale under statute stated:

'* * * It is not a remedy given for the benefit of the taxpayer. It is harsh and summary to that degree that courts have universally held that its provisions, being for the benefit of the state, must be strictly pursued, in order to divest title of the owner.'

Independent of constitutional or statutory law, a tax deed does not affect title, unless the authority of the maker of the deed is shown by proof of the permormance of all precedent requisites. Meredith v. Coker, supra; Dawson v. Ward, supra; Clayton v. Rehm, supra. Article 8, Section 13, of the Texas Constitution, Vernon's Ann.St., provides that the deed of conveyance to the purchaser for all lands and other property sold for taxes shall be held to vest good and perfect title in the purchaser thereof subject to be impeached only for actual fraud. The Constitution only states the...