Eyssen v. Zeppa

100 S.W.2d 417
Court of Appeals of Texas·Decided December 12, 1936·No. No. 5022·Published·Cited by 5 cases

Opinion

HALL, Justice.

Appellees brought this suit in the special district court of Rusk county against appellants in trespass to try title to one acre of land. Appellees comprise the Trustees of Leverett’s Chapel Independent School District of Rusk County, alleged owners of the land in fee, and their lessee and as-signee. ■ Appellants answered by general demurrer, general denial, and plea of not guilty, and alleged further that the land in controversy was a part of a larger tract owned by them; that on September 3, 1914, their predecessors in title, Richard Wells and wife, conveyed the one acre of land in controversy to certain parties as Trustees of Common School District No. 29 of Rusk County to be held by them only “so long as said tract or parcel of land is used for school purposes”; that said tract of land has long since been abandoned for school purposes and appellees no longer have any interest therein. The appellants comprise the owners of the larger tract out of which the tract in controversy was carved in 1914, and the owners of mineral interests in the larger tract. Trial was to the court without a jury, which resulted in judgment for appellees for the title and possession of the one acre of land in controversy. From this judgment appellants prosecute their appeal to this court.

The record reveals that on September 3, 1914, Richard Wells and wife conveyed the land in controversy, part of a larger tract, to Common School District No. 29 of Rusk County, Texas, by the following deed:

“State of Texas, County of Gregg
“Know all Men by These Presents:
“That we, Richard Wells and wife, Mary Wells, of the County of Rusk, State of Texas, for and in consideration of the sum of One and No/100 Dollars to us paid, by H. Baton, H. C. Russell and H. P. Lev-erett, Trustees of Common School District No. 29, Rusk County, Texas, as follows :
“Cash in hand receipt of which is hereby acknowledged, have granted, sold and conveyed, and by these presents do grant, sell and convey, unto the said H. Baton, H. C. Russell and H. P. Leverett, Trustees for said Common School District No. 29, Rusk County, Texas, of the County of Rusk, State of Texas, all that certain lot, [418] tract or parcel of land situated in Rusk County,. Texas, about 14 miles north of the town of Henderson and on the Overton and Leverett’s Chapel Public Road, near the center of the original one hundred and forty (140) acres of land deeded to Richard Wells by J. M. Thompson and being a part of the Henry Hobson Survey said land herein conveyed being more fully described, to-*it:”
(Here follows description of land conveyed)
“To have and to hold the above, described premises, together with all and singular the rights and appurtenances thereto in anywise belonging unto the said H. Baton, H. C. Russell and H. P. Lever ett, Trustees for said Common School District No. 29, Rusk County, Texas, their successors forever, so long as said tract or parcel of land is used for school purposes; and we do hereby bind ourselves, our heirs, executors and administrators to Warrant and Forever Defend, all and singular the said premises unto the said H. Baton, H. C. Russell and H. P. Lever ett, Trustees for said Common School District No. 29, their successors, against every person whomsoever, lawfully claiming or to claim the same, or any part thereof.
“Witness our hands at Kilgore, Texas, this 3rd day of September, A. D. 1914.
my “Richard X Wells
“Mary Wells.”

The trial court found as a fact that the land had been abandoned for school purposes several years before the trial, and the evidence showed that it was abandoned for school purposes several years before the discovery of oil in Rusk county. The trial court also found as a fact that Common School District No. 29 of Rusk County had been organized as an independent school district under the'name of Leverett’s Chapel Independent School District of Rusk County, Tex. It was agreed that Richard Wells and wife were the common source of title and that appellants “have and hold all the title to the land and minerals involved in this suit which were on January 1, 1930, held by said Richard Wells and the heirs of his wife.”.

Appellants’ first proposition is: “Where the consideration in a deed is shown to be $1.00 paid by school trustees, and the land is deeded to such trustees, and the haben-dum in such deed runs to such trustees and ‘their successors forever, so long as said tract or parcel of land is used for school purposes’; the deed does not convey a fee simple title to such trustees, and when the school lot is no longer used for school purposes, and repossessed by the grantor in such deed, the title reverts to such grantor or'his heirs.”

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Eyssen v. Zeppa, 100 S.W.2d 417 (Tex. Ct. App. 1936).

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