Doyal v. Pickett

628 So. 2d 184, 1993 WL 492537
CourtLouisiana Court of Appeal
DecidedDecember 1, 1993
Docket25,247-CA
StatusPublished
Cited by20 cases

This text of 628 So. 2d 184 (Doyal v. Pickett) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Doyal v. Pickett, 628 So. 2d 184, 1993 WL 492537 (La. Ct. App. 1993).

Opinion

628 So.2d 184 (1993)

Audrice Laverne Arnold DOYAL, Plaintiff-Appellant,
v.
Jerry Dean PICKETT and N. Jean Gildon Pickett, Defendants-Appellees.

No. 25,247-CA.

Court of Appeal of Louisiana, Second Circuit.

December 1, 1993.

*185 A. Richard Snell, Bossier City, for plaintiff-appellant.

Ford E. Stinson, Jr., Benton, for defendants-appellees.

Before SEXTON, NORRIS and VICTORY, JJ.

NORRIS, Judge.

In this partition proceeding, plaintiff, Mrs. Doyal, appeals the trial court judgment denying her demand for partition of certain real property. She urges the trial court erred in failing to properly construe a deed setting forth a compromise, and thus finding she did not have an ownership interest in the property; and in not allowing expert testimony to aid it in interpreting the compromise deed language. Finding no error in the trial court's denial of appellant's partition demand, we amend and affirm.

Factual background

In 1965, by virtue of her father, Aubrey Arnold's succession, Mrs. Doyal and her sister, Nora Allen, were each recognized as *186 owners of an undivided one-fourth interest and their mother, Mrs. Evelyn Arnold, was recognized as the owner of an undivided one-half interest in certain real estate (including the home place at issue) formerly belonging to their parents' marital community. Mrs. Doyal's and Mrs. Allen's interests were subject to a usufruct in favor of their mother. In 1969, Mrs. Doyal, alleging unwillingness to remain a co-owner, filed for a partition of the former community property, but the action was never tried; instead, Mrs. Doyal and her mother, by this time married to James Mason, executed a compromise deed in 1971.

By this deed, Mrs. Doyal transferred to her mother her entire interest in all of the property in Mr. and Mrs. Arnold's former marital community in consideration for $10,000 cash and the settlement of all claims each had against the other arising out of the joint ownership of the former community property. Mrs. Doyal claims that by the second clause of the compromise deed, which appears later in this opinion, she "excepted" from transfer certain specifically described real estate, including the home place. By the third clause, she reserved her mineral interest in the "hereinabove described lands." Finally, by the same instrument, she conveyed to her mother her entire interest in specified movable property. This deed was recorded in the conveyance records of Bossier Parish on May 12, 1971.

Mrs. Arnold, in October 1976, transferred her entire undivided interest in the real property at issue by assumption deed to her daughter Nora Allen and her husband J.A. Allen. Thereafter, in March 1984, Mr. and Mrs. Allen transferred the home place by cash deed to the defendants, Mr. and Mrs. Pickett, for $40,000 cash and other valuable consideration. The Picketts took possession of the "home place" and have lived in the home there since 1984.

This matter was tried on October 23, 1992. Mrs. Doyal identified the compromise deed but did not introduce it into evidence. Near the end of the trial, the Picketts introduced it into evidence as a link in their chain of title. In rebuttal, Mrs. Doyal's counsel stated he intended to call two expert witnesses to interpret the deed's language. The trial judge ordered a recess for counsel to locate the witnesses, but admittedly remained undecided as to whether he would ultimately allow their testimony. Counsel returned, without the witnesses, and made a proffer of their testimony.

The trial court gave oral reasons for judgment at the conclusion of the trial. On the day of trial, the Picketts had filed a peremptory exception of ten-year acquisitive prescription which was apparently referred to the merits. The trial court alluded to this in its oral reasons, suggesting that prescription may dispose of the case, but not holding so expressly. The court found that Mrs. Doyal did not own an interest in the home place because the compromise deed did not except from the transfer to her mother the real estate specifically described therein.

The trial court reasoned first, that if Mrs. Doyal did not intend to transfer the real estate, her reservation of the mineral interest was unnecessary. Second, if the immovable property specifically described in the deed was not transferred, Mrs. Arnold would have received only movable household furnishings and appliances which, according to the succession inventory, were not worth the $10,000 consideration she paid. Third, the court noted that Mrs. Doyal did not pay taxes on the home place after 1971, the year of the compromise. Furthermore, even if the deed was ambiguous, the ambiguity would be resolved against Mrs. Doyal because she was the seller and her attorney prepared the document.

On appeal, Mrs. Doyal contests the court's reasoning and argues that the deed language clearly excepts the described real estate from transfer. She further argues that the court erred in failing to allow her two expert witnesses to help the court interpret the deed's language. The Picketts urge affirmance of the trial court judgment for the reasons expressed and further assert they have established ownership by virtue of ten-year acquisitive prescription.

Legal principles

The plaintiff in a partition action must establish his claim to the property; he must *187 prove that he is a co-owner with the defendant, similar to a petitory action. Taylor v. Williams, 107 So.2d 319, 321 (La.App.2d Cir. 1958). A person claiming ownership of an immovable in a petitory action, against another in possession, must prove he acquired ownership from a previous owner or by acquisitive prescription. La.C.C.P. art. 3653; La.C.C. art. 531.

General contract law provides that courts are bound to give legal effect to all contracts according to the true intent of the parties. C.C. art. 2045. When the words in the contract are clear and explicit and lead to no absurd consequences, no further interpretation may be made in search of the parties' intent. C.C. art. 2046. However, when the terms of a written contract are susceptible to more than one interpretation, or there is uncertainty or ambiguity as to its provisions, or the intent of the parties cannot be ascertained from the language employed, parol evidence is admissible to clarify the ambiguity or to show the parties' intent. Ayers v. Kent, 438 So.2d 691 (La.App.2d Cir.1983). Any doubtful provisions must be interpreted in light of the nature of the contract, equity, usages, the conduct of the parties before and after the formation of the contract, and other contracts of a like nature between the same parties. C.C. art. 2053; Allen v. Burnett, 530 So.2d 1294 (La.App.2d Cir.1988).

In Williams v. Hawthorne, 601 So.2d 672 (La.App.2d Cir.1992), we set forth the legal principles for construing deeds as follows:

The cardinal rule to be followed in construing deeds, uncertain because of ambiguity, is to ascertain the intention of the parties from the entire language of the deed. In the interpretation of deeds, the intentions of the parties must be gathered from an inspection of the instrument itself, without the aid of extrinsic evidence, if their intentions can be thus ascertained. If the description is so ambiguous as to leave doubt as to the parties' intent, the court may resort to extrinsic evidence as an aid in construction. (citations omitted)

The seller is bound to explain himself clearly respecting the extent of his obligations: any obscure or ambiguous clause is construed against him. La.C.C. art. 2474.

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Bluebook (online)
628 So. 2d 184, 1993 WL 492537, Counsel Stack Legal Research, https://law.counselstack.com/opinion/doyal-v-pickett-lactapp-1993.