Bounds v. Taylor

415 S.W.2d 940, 1967 Tex. App. LEXIS 2646
CourtCourt of Appeals of Texas
DecidedMarch 28, 1967
DocketNo. 7793
StatusPublished
Cited by2 cases

This text of 415 S.W.2d 940 (Bounds v. Taylor) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bounds v. Taylor, 415 S.W.2d 940, 1967 Tex. App. LEXIS 2646 (Tex. Ct. App. 1967).

Opinion

FANNING, Justice.

This suit involves title to a long, narrow strip of land, 17.9 feet wide on the East side on North State Line in the City of Texarkana, Bowie County, Texas, extending West 583.34 feet, then extending South 19.4 feet, and then extending N. 89 deg. 51 East 583.34 feet to State Line and then going North 17.9 feet along State Line. The strip contains about 0.25 acres, more or less, and a portion of it is subject to certain road right of way purposes for U.S. Highway 71.

Cargile Motor Company, a partnership, as plaintiff, sued D. H. Taylor and wife, Fannie Taylor, in trespass to try title for the strip of land in question, and in the alternative sued Leo Bounds and wife, their vendors to the tract in dispute on their warranty, seeking a monetary judgment against Bounds and wife in the event their title to the strip sued for failed. (Bounds and wife by Warranty Deed dated March 25, 1965, had conveyed to Cargile a 5.622 acre tract, more or less, and excepting a road right of way of .290 acres, a part of U.S. Highway 71. This deed was for $75,000.00 consideration and included the long, narrow strip of land in controversy here).

Taylor and wife answered the suit by a plea of not guilty and plead the 10, 5 and 3 year statutes of limitations. Bounds and wife filed pleadings, admitting the sale of the strip and other property to Cargile Motor Company, denied the pleadings of the Taylors, and pleaded in effect that Bounds and wife conveyed good title to the strip to Cargile.

Trial was to the court without the aid of a jury. The trial court, after hearing the evidence adduced, rendered judgment in favor of defendants Taylor and wife for the title and possession of the strip of land in dispute. The trial court further rendered judgment in favor of Cargile against defendants Bounds and wife for the sum of $3,334.50 for the value of the strip conveyed by Bounds and wife to Cargile to which the trial court held that title had failed. Cargile and Bounds and wife have appealed.

The trial court filed Findings of Fact as follows:

“FINDINGS OF FACT
“1. I find that the plaintiff, Cargile Motor Company, and Leo Bounds had record title from the State of Texas to Cargile Motor Company, to the property which I designate as Tract One, which is [942]*942described in paragraph 2, of the Plaintiff’s Original Petition.
“2. I find that the defendant, D. H. Taylor, had record title from the State of Texas to himself to the property, which I designate as Tract Two,' which is described in Item Ten (10) of the defendants, Taylors’ Abstract of Title.
“3. I find that T. J. Hobgood was the common source of title to Tracts One and Two, and that the Deed to plaintiff, Cargile Motor Company’s predecessors in title from T. J. Hobgood was given before the Deed to defendants, D. H. Taylor’s predecessor in Title.
“4. I find that the tract of land described in Paragraph 3, of the Plaintiff’s Original Petition, and as described in Paragraph 3 of the defendants, Taylors’ Answer, which is the strip of land herein in controversy, which is herein designated as Tract ‘A’, was embraced in the description of the property, Tract No. One (1), from its inception, and was also embraced in the description of Tract No. Two (2) from its inception.
“5. I find that the Common Source, T. J. Hobgood, from his various conveyances to the various grantees, conveyed 31.2 acres out of an original 30-acre tract, which he acquired November 24, 1887, by Deed from L. C. DeMorse to T. J. Hobgood, which Deed was recorded in Volume Y, Page 325, of the Deed Records of Bowie County, Texas, and which description is restated in the Deed from A. C. Hobgood to T. J. Hobgood, dated February 4, 1889, and recorded in Volume 2, page 295, of the Deed Records of Bowie County, Texas.
“6. I find that the defendant, Leo Bounds, the predecessor in title to Tract One, had a fence on the North side, or North of the North Side of Tract ‘A’, which was embraced in the description of his Tract One, and that such fence was there for many years prior to February 1, 1955, and that Leo Bounds and wife, owned Tract One, which included Tract ‘A’, on February 1, 1955.
“7. I find that D. H. Taylor and wife, Fannie Taylor, defendants herein, perfected complete record title in themselves to all of Tract Two, which included Tract ‘A’, on November 29, 1954, when the Warranty Deed from Ellie Taylor Word, a widow, conveyed said property Tract Two, to Don H. Taylor and wife, Fannie Taylor, which Deed was recorded December 2, 1954, in Volume 318, Page 323, of the Deed Records of Bowie County, Texas.
“8. I find that immediately after D. H. Taylor acquired complete record title, he engaged Mclver & Dupuy, Inc., Surveyors, to survey the property embraced in their Deeds, designated Tract Two which included Tract ‘A’, and that such survey was made, corners set, and the survey delivered February 1, 1955 to February 15, 1955.
“9. I find that D. H. Taylor moved the fence from the North side of Tract ‘A’, (or some further from the North side of Tract “A”) to the South Boundary Line of Tract ‘A’ around the first day of February, 1955 to the 15th day of February, 1955.
“10. I find that D. H. Taylor and wife, Fannie Taylor, lived on the premises designated Tract Two, which included Tract ‘A’, from February 15, 1955, continuously, open and notoriously, using and enjoying the same as their homestead until on or about September 1, 1965, when they were served with citation in this case.
“11. I find that Leo Bounds talked to D. H. Taylor in the year 1959, regarding the purchase of D. H. Taylor’s property, and that Leo Bounds mentioned that the fence was further South than he remembered, but that he did nothing about it, and made no demand that the fence be moved.
[943]*943“12. I find that D. H. Taylor had a cow on his property and that the fence on the South side of Tract ‘A’ turned the cow and did not break.
“13. I find that the fence erected by D. H. Taylor used one tree growing, the picture of which was introduced, and that the tree grew over and around the three strands of barbed wire attached to the tree, and that the fence had been attached to the tree for at least ten (10) years, prior to March 15, 1965.
“14. I find that D. H. Taylor and wife, Fannie Taylor, used and enjoyed the property designated as Tract Two and which included Tract ‘A’, and appropriated it to the use and purpose of their yard, which was the proper use and purpose for which the said Tract ‘A’ was adapted from February 15, 1955, to September 1, 1965, and that D. H. Taylor cut and mowed the grass and weeds of Tract ‘A’ in the same fashion and manner as he mowed the other acreage not immediately adjacent to his house.
“15. I find that D. H. Taylor maintained the fence along the South boundary line of the property designated as'Tract ‘A’, from February 15, 1955 to September 1, 1965.
“16. I find that D. H. Taylor and wife, Fannie Taylor, claimed the property designated as Tract ‘A’,

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Bluebook (online)
415 S.W.2d 940, 1967 Tex. App. LEXIS 2646, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bounds-v-taylor-texapp-1967.