Cannan v. Walker

Court of Appeals of Texas

Cannan v. Walker

385 S.W.2d 271, 1964 Tex. App. LEXIS 2434

CourtCourt of Appeals of Texas

DecidedNovember 25, 1964

Docket11239

StatusPublished

Cited by2 cases

This text of 385 S.W.2d 271 (Cannan v. Walker) 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

Cannan v. Walker, 385 S.W.2d 271, 1964 Tex. App. LEXIS 2434 (Tex. Ct. App. 1964).

Pincite

Opinion

. HUGHES, Justice. '

This is a suit in trespass to try title brought by E. R. Walker and wife, Lenora Walker, against Grover C. Cannan, Sr., Carolyn A. Cannan and James Wiley Can-nan to recover the title to and possession of *272 14.29 acres of land out of the C. H. Hunt Survey #21, Comal County, Texas, described by metes and bounds and as being a portion of a 356.9 acre tract of land conveyed by Carrie George to L. K. Walker by deed dated May 28, 1947.

Trial to the court without a jury resulted in judgment for Mr. and Mrs. Walker. Findings of fact and conclusions of law were requested by appellants and were made and filed by the trial judge.

We summarize the findings of fact and conclusions of law as follows:

Findings

1. The land in suit is described by metes and bounds and as being out of the N E corner of C. H. Hunt Survey #21, Comal County.

2. Appellees claim such land.

3. Appellees have a regular chain of title to such land emanating from the State of Texas.

4. Appellants do not claim title under any deed.

5. The land in suit is a portion of the land devised to Caroline Sattler under the joint will of William and Sophie Sattler.

6. The land in suit is entirely enclosed by fence.

7. Appellees’ ranch abuts the land in suit on the south and west.

8. Appellants’ ranch abuts the land in suit on the north and east, which ranch appellants bought from R. R. Burleson by deed Rated December 9, 1953, and took possession thereof shortly thereafter.

9. R. R. Burleson acquired title and possession of the ranch known as the “Can-nan Ranch” from Howard E. Nessly by deed dated July 8, 1950, and acquired other portions of such ranch at other times.

10. R. R. Burleson and Howard E. Nessly disclaimed any interest in the land in suits.

12. Appellants, and those under whom they claim, have not lived upon the land in suit.

13. This suit was filed October 24, 1962.

Findings 11 and 14 are omitted as they find against appellants’ pleas of limitations, complaint as to which is not here made.

Additional findings were requested and filed and included a finding that Point Creek is not the same as Sattler Creek or Hamb-lin’s Branch.

The trial judge in his conclusions of law found that appellees had the record title to the land, that appellants failed to establish title by limitations and that appellees were entitled to judgment.

Appellants’ First Point is that the joint will of William and Sophie Sattler, a necessary link in appellees’ chain of title, was, in the light of the evidence, inadequate to pass title to the land in suit to Caroline Sattler.

Under the William and Sophie Sattler will' Caroline Sattler was devised a life estate in that “part of our 616 farm, which lies on the west side of the Sattler’s Creek and of the Hamblin Branch.”

The devise over was to Carrie, Venore and Wilhelmine, daughters of Mrs. Sattler by a previous marriage. Appellee, Mrs. Walker, is a daughter of Venore.

Mrs. Walker testified that her grandmother, Caroline Sattler, had possession of the property devised to her during her lifetime, (1920) and that afterwards it was held by the girls “according to the will.” The property was never partitioned between these three daughters of Caroline Sattler. The property was occupied by Carrie (Mrs. George) until her death in 1956. Thereafter, the property was amicably divided.

We insert here a plat of the area involved in this suit prepared by Mr. A. M. Moellering, a registered public surveyor, for appellants, and who was their witness:

*273

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