Nelson, Curtis & Nelson v. Bridgeman

92 So. 855, 152 La. 190, 1922 La. LEXIS 2874
CourtSupreme Court of Louisiana
DecidedJune 29, 1922
DocketNo. 24499
StatusPublished
Cited by18 cases

This text of 92 So. 855 (Nelson, Curtis & Nelson v. Bridgeman) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Nelson, Curtis & Nelson v. Bridgeman, 92 So. 855, 152 La. 190, 1922 La. LEXIS 2874 (La. 1922).

Opinion

OVERTON, J.

Plaintiffs, Emma Garrett, widow of William Garrett, deceased; the ehildren and grandchildren of William Garrett ; Dr. J. A. Shaw; and various oil companies — have instituted this suit against defendants, who are the heirs of Thornton Bridgeman and his wife, Mrs. • Ory Bridge-man, to have recognized as valid a purported correction, said to have been made at the instance of Mrs. Ory Bridgeman, and some of her children, with the knowledge and consent of the others, by a deputy clerk of court, on the face of the conveyance records in his custody. This correction amended a deed, by including property in it, not included when the deed was, originally executed and recorded. In the event the correction should not be recognized, then plaintiffs ask that two deeds, passed at different times, one of which was executed by Thornton Bridgeman to William Garrett, the other by the widow and heirs of Bridgeman to the same vendee, be corrected and reformed, so as to include the land described in the correction made by the deputy clerk of court. Emma Garrett and her children and grandchildren claim the ownership of the land, included by the deputy clerk in the correction made by him, and Shaw and the oil companies own or possess interests in oil and gas leases on this land, and hence their interest as plaintiffs in this suit.

The Bridgeman heirs deny that the deputy clerk was authorized to make the correction, and deny jhat there was any intention of conveying to Garrett the land included by that official in the correction made by him.

It appears that on January 12, 1889, Thornton Bridgeman, father of some of the defendants, and grandfather of the remaining ones, sold to William Garrett the S. W. % of the S. W. % of section 17 and all that part of the S. E. % of S. E. % of section 18 lying north of the Sykes Ferry road, and all that part of the S. W. *4 of S. E. % of section 18 lying north of the Sykes Ferry road and east of the Eldorado road, all in township 21 north, range 7 west, containing 76 acres, more or less.

Thereafter, on November. 7, 1903, Mrs. Ory Bridgeman, widow of Thornton Bridgeman,. and her children, executed a deed to William Garrett, conveying to him the N. W. % of the S. J3. % and the S. W. % of the S. E. %, except the portion thereof owned by the vendee at the time, situated in section 18, township 21 north, range 7 west, containing 80 acres, more or less.

It is on this latter deed that the deputy clerk made the correction, above mentioned. He did so by writing above the N. W. %, in small letters, the following: “N. This made the deed read, “the N. % of the S. 'E. and therefore made it convey to William Garrett the N. E. % of the S. E. 14 of the section, in addition to the land originally conveyed to him by it. The deputy clerk then, in order to show his authority for making the correction, wrote on the face of the deed, the following: “Corrected by request of parties in interest Garrett and Bridgeman. Meh. 14, ’06.” This notation was not signed by any of the parties interested, nor by the official making the correction.

When Fortson, the deputy clerk of court, was asked under what authority he made the above correction, he testified that Garrett, and, if he recalled correctly, Mrs. Bridgeman and T. C. Bridgeman, went to his office and requested him to make it. Later, during the course of his evidence, he stated [195]*195positively that Mrs. Bridgeman was present. Dolan, who was interested in putting in satisfactory form the title claimed by the Garretts, testified that he spoke to T. C. and S. J. Bridgeman relative to the correction that had been made, and requested an affidavit from them showing the facts surrounding its making, and that they stated in the conversation that ensued that they knew that some correction had been made, but thought that it affected land further south in the section. Fortson corroborates this statement to the extent that they replied that they thought the correction affected other lands, without mentioning the section, but both S. J. and T. O. Bridgeman contradict positively the evidence that such statements were made by them.

T. C. Bridgeman is very positive that no authority was given to Fortson to make the correction, and, further, that he was not present when it was made, and knew nothing of it until shortly prior to the institution of this suit. The evidence of five of the remaining defendants is that the correction was not authorized by them, and there is no evidence tending to show that any of them authorized it, other than that already stated.

There is evidence in the record showing that Mrs. Bridgeman was not even present in the state on March 14, 1906, the date of the correction, but was in Arkansas at the bedside of a sick daughter. Plaintiffs have sought to show that she was present on that date by producing a deed by private act, executed by her, conveying property, not involved in this suit, to her son, G. L. Bridge-man. They contend that this deed was executed on the day the correction was made, from which they draw the inference that she was at home on that day, and not in Arkansas. Its execution was proven on that day before Fortson, as deputy clerk of court, by the affidavit of the vendee; but the deed, itself, does not give the month in which it was signed. The method of proof adopted indicates that Mrs. Bridgeman was not present at the clerk’s office when the deed was proved. This is further indicated by the fact that in order to adopt that method, it was necessary to write the affidavit on the back of it, although there was a printed form for acknowledgment, by the vendor, at the bottom. Under the circumstances, we do not think that the deed has any appreciable .tendency to prove that Mrs. Bridgeman was not in Arkansas on the date of the correction.

The parol evidence offered to show the correction — and it constitutes all that was offered for that purpose — does not appear to have been objected to on the ground that it was inadmissible, and we have therefore. considered it. We are, however, of the opinion that it is insufficient. A clerk of court or his deputy is not authorized to correct a deed, and the public records in his custody, in any such manner. If parties desire to make a correction, a correction deed should be prepared and, after its execution, should be recorded in the conveyance records. The correction then would be properly made. The method adopted made it necessary to prove the correction by parol evidence, and such evidence is inadmissible for that purpose, when objection is made to it. As it is, we are unable to say that the evidence shows that the correction was authorized. No presumption arises that it was, from the fact that it was made by a public officer on a- record in his custody, since it was not only made several years after the deed was recorded, but in addition, in a manner not authorized by law, but rather contrary to its provisions.

Plaintiffs also ask, as we have stated, that the deeds from Thornton Bridgeman, and from his widow and children, be reformed and corrected so as to include the land that they contend was unintentionally omitted from them. Their contention is that Thornton Bridgeman intended to convey to Garrett, by his deed of January 12, 1889, in ad[197]*197dition to the land therein conveyed, all of that portion of the N. E. Vi oí the S. E. Yi of section 18 that lies south and east of the Minden and Eldorado road, consisting of 12.-83 acres, but contrary to his intentions and those of Garrett, the deed failed to include it and in fact conveyed nothing in the N. E. Vi of the S. E. Vi

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Bluebook (online)
92 So. 855, 152 La. 190, 1922 La. LEXIS 2874, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nelson-curtis-nelson-v-bridgeman-la-1922.