McKee v. Hayward

710 So. 2d 362, 1998 WL 166880
CourtLouisiana Court of Appeal
DecidedApril 8, 1998
Docket97 CA 0553
StatusPublished
Cited by4 cases

This text of 710 So. 2d 362 (McKee v. Hayward) 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
McKee v. Hayward, 710 So. 2d 362, 1998 WL 166880 (La. Ct. App. 1998).

Opinion

710 So.2d 362 (1998)

Joan Renken McKEE, Appellee,
v.
Douglas S. HAYWARD, Sr., and Germania Plantation, Inc.
Succession of Helene Reuss HAYWARD.
Joan Renken McKEE
v.
Douglas S. HAYWARD, Sr., et al.
John R. HAYWARD
v.
William C. HAYWARD, Jr., et al.
John R. HAYWARD
v.
Douglas S. HAYWARD, Sr.

No. 97 CA 0553.

Court of Appeal of Louisiana, First Circuit.

April 8, 1998.
Rehearing Denied June 2, 1998.

*364 Gideon T. Stanton, III, New Orleans, for Appellee Joan Renken McKee.

Sam J. D'Amico, Baton Rouge, for Douglas S. Hayward, Sr., Appellant.

John R. Hayward, Waveland, MS, pro se.

Before LOTTINGER, C.J., and SHORTESS and FOGG, JJ.

SHORTESS, Judge.

William Campbell Hayward (Hayward) and Helene Reuss Hayward (Mrs. Hayward) had four children: William C. Hayward, Jr., Douglas S. Hayward, John R. Hayward, and Helene Hayward Renken (Renken). Renken predeceased her parents, leaving one daughter, Joan Renken McKee. Douglas was executor of his mother's estate and trustee of her trust. He is also president of Germania Plantation, Inc., (Germania), which owns the family plantation. For years William, Douglas, John, and Joan have been squabbling. In 1985 they agreed to settle their differences and entered into a written agreement. They did not abide by the terms of that agreement, however, and at least nine lawsuits resulted. Nine suits were consolidated at the trial court level, four of which were dismissed before trial. The remaining suits were tried jointly.

The trial court issued lengthy reasons for judgment in June 1995, as well as a judgment dealing with only some of the issues before it. In September 1996, the trial court issued supplemental reasons for judgment and two more judgments. Each of the three judgments is captioned with eight suit numbers. The decrees in the judgments are different, each being directed to a particular heir. Douglas appealed both the June 1995 and September 1996 judgments. By order of this court, all these matters were consolidated as one appeal.

Douglas has appealed the portions of the trial court's judgments that direct him to transfer shares of stock in Germania to Joan, John, and William, to pay attorney fees to Joan and John, to pay a sum of money to Joan, and to deliver certain property to Joan. We shall first address the property claimed by Joan.

PROPERTY CLAIMED BY JOAN

The property in dispute includes two paintings and leaves that convert a square dining table into a larger oval table, as well as a watch chain and fob. Joan contends her great grandmother, Bertha Spor Reuss (Reuss), bequeathed the paintings and the table to her mother, Renken. Joan was Renken's only child and inherited all her property. Douglas, however, contends he owns the paintings and leaves, either through a bequest from his mother of all Germania Plantation furnishings or, alternatively, through acquisitive prescription. He does not contest Joan's ownership of the watch chain and fob but claims he has no knowledge of their whereabouts.

Joan testified her mother inherited the table and paintings from Reuss, but after Joan's father died and the family was forced to move to a smaller house, many of their furnishings, including the paintings and table leaves, were moved to Germania. Douglas testified he "may have influenced" his mother not to give the paintings back because he wanted them. They are currently hanging in the house where Douglas resides. Douglas also has possession of the table leaves, although Joan has the square center portion of the table. Douglas contends the table and paintings belonged to his mother and he inherited them from her. Alternatively, he contends his mother owned the paintings and table through acquisitive prescription as they have been at Germania Plantation since approximately 1959.

*365 Title to movables may be acquired through prescription of three years by a good-faith possessor or ten years by a bad-faith possessor.[1] The party asserting acquisitive prescription has the burden of proving all facts essential to support it.[2] One essential element of a claim of acquisitive prescription is the intent to possess the property as owner; mere physical possession is insufficient.[3] Furthermore, possession for the convenience of another gives the possessor neither legal possession nor the right of prescribing.[4]

The trial court obviously believed Joan's testimony that Mrs. Hayward was holding the paintings and table leaves at Germania for Renken's convenience. The court rejected Douglas's plea of prescription, holding the property belonged to Renken and thus could not be bequeathed to Douglas by his mother. This is a factual determination; it cannot be disturbed by the appellate court unless it is manifestly erroneous or clearly wrong.[5] We find no manifest error in this factual determination.

Douglas does not dispute Joan's claim to the watch fob and chain, which were bequeathed to Renken by Hayward. According to Joan's uncontroverted testimony, the chain and fob were last seen about a week before Renken's death in 1981. Renken, on her deathbed, asked Douglas and her mother to visit her and bring the chain and fob, which they did. Douglas showed them to Renken, then put them back in his pocket and left. He testified he does not know what happened to them, but stated that if he could find them, he would give them to Joan.

The trial court ordered Douglas to give Joan the table leaves and paintings within sixty days of the date the judgment in this case becomes final. If he fails to do so, the judgment authorizes Joan to search Germania for those items at a time of her choosing. The court also ordered that Joan be permitted to conduct a search at a time of her choosing, accompanied by a deputy sheriff, for the watch chain and fob. Douglas contends this order invades his privacy.

Louisiana Civil Code article 4 provides that when no rule for a particular situation can be found in legislation or custom, a court is bound to proceed according to equity, resorting to justice, reason, and prevailing usages. A trial court has great discretion in fashioning an equitable remedy, but it may do so only when there is no express law applicable.[6] Douglas admitted at trial that the paintings were hanging on the wall of his home and the table leaves were also in his home. If he defies the judgment and secretes the property, he will be in contempt of court. Because there is a remedy at law if he refuses to deliver the property to Joan within the time set by the court, the trial court committed legal error in fashioning an equitable remedy, and that portion of the judgment must be reversed.

The watch chain and fob are a different story, however. Douglas disclaimed knowledge of their whereabouts, but when last seen, they were on their way to Germania in Douglas's pocket. The trial court fashioned an equitable remedy by ordering that Joan be allowed to search the property accompanied by a deputy. These suits have been pending before the trial court for years, and the court appeared thoroughly familiar with the parties involved. The court obviously felt this order was necessary to achieve the objective of returning the watch fob and *366 chain to Joan. This trial court faced an uncommon problem that required an uncommon solution. It did not abuse its discretion.

TRANSFER OF STOCK

In the 1985 contract intended to settle the disputes among the heirs, Joan, Douglas, and John agreed as follows regarding the transfer of stock:

WHEREAS, Douglas S.

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Related

Hayward v. Hayward
182 So. 3d 966 (Louisiana Court of Appeal, 2013)
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993 So. 2d 709 (Louisiana Court of Appeal, 2008)
Bourgeois v. Dunn
822 So. 2d 708 (Louisiana Court of Appeal, 2002)

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Bluebook (online)
710 So. 2d 362, 1998 WL 166880, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mckee-v-hayward-lactapp-1998.