Rice v. Welch Motor Co.

234 S.W.3d 327, 95 Ark. App. 100
CourtCourt of Appeals of Arkansas
DecidedApril 19, 2006
DocketCA 05-1136
StatusPublished
Cited by6 cases

This text of 234 S.W.3d 327 (Rice v. Welch Motor Co.) is published on Counsel Stack Legal Research, covering Court of Appeals of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rice v. Welch Motor Co., 234 S.W.3d 327, 95 Ark. App. 100 (Ark. Ct. App. 2006).

Opinion

Olly Neal, Judge.

This case concerns a dispute over a strip of land along appellants’ and appellee’s common border. The trial judge quieted title to the property in appellee, and appellants now appeal from that ruling. We affirm. 1

The parties are long-time owners of adjoining lots on Lake Catherine in Garland County. Appellants’ deed grants them 75 feet of road frontage on the north and 150 feet of lake frontage on the south. To their west is a lot owned by appellee, Welch Motor Company; appellee’s deed grants it 204 feet of road frontage on the north and 278 feet of lake frontage on the south. Along their common border, there is a small indentation in the land, a valley of sorts, that runs downhill from the road to a small cove on the lake. This valley contains the fifteen-foot strip at issue.

Uncertainty over ownership of the strip has its origins in two 1930s deeds to the parties’ predecessors. Those deeds contain fifteen-foot overlapping conveyances. However, no active dispute arose until 2003 when appellee commissioned a survey that reflected it as the owner of the area in question. According to appellee, when appellant Hubert Moore expressed dissatisfaction with the survey, it filed the present quiet-title action. Appellants answered and counterclaimed, asserting their own claim to the area by virtue of adverse possession. Later, they obtained a survey depicting them as owners of the fifteen-foot strip.

On April 8, 2004, the case was tried before the circuit judge sitting as fact-finder. After hearing the testimony of over a dozen witnesses, viewing more than twenty exhibits, and visiting the property in question, the judge ruled that 1) the deed in appellee’s chain of title, which conveyed the fifteen-foot strip, was the superior deed, and 2) appellants did not establish their claim for adverse possession. The judge then entered an order quieting title to the disputed strip in appellee as per appellee’s survey. Appellants filed a timely notice of appeal and now argue that the trial court erred in: 1) finding that they did not establish their adverse-possession claim; 2) adopting the legal description from appellee’s survey; 3) finding that the deed in appellee’s chain of title was superior.

Traditional equity cases, such as quiet-title actions, are reviewed de novo on appeal. See White River Levee Dist. v. Reidhar, 76 Ark. App. 225, 61 S.W.3d 235 (2001). However, we will not reverse the trial court’s findings of fact unless they are clearly erroneous. Id. A finding of fact is clearly erroneous when, although there is evidence to support it, we are left with the definite and firm conviction that a mistake has been committed. Id.

Deed Superiority

Although appellants present the issue regarding deed superiority as their third point on appeal, we believe that logic dictates that we address this issue first in order to establish which party held paramount legal title. The pertinent facts are as follows.

The property in question lies in the Southwest Quarter of the Southwest Quarter of Section 22 in Garland County, which will hereafter be referred to as “the forty.” The land in the forty was acquired by E.O. Kilpatrick in 1928, and thereafter, he began selling it in lots. A lot contiguous to the eastern line of the forty was sold to a man named Guthrie, and a lot much farther west was sold to a man name Willingham. The area between those two lots would eventually be sold to appellants’ and appellee’s predecessors.

The first deed in appellee’s chain of title was from Kilpatrick to D.D. Glover. The deed’s point of beginning is along the northern road, 110 feet west of the forty line. The description then proceeds as follows:

Magnetic south 6 degrees and 30 minutes, West 375 feet to a White Oak about 14 inches in diameter on the Flood Line of Lake Catherine said tree marked with a blaze on four sides, thence in a westerly direction along the flood line 278 feet to the south east comer of Willingham’s Property said corner being marked by an Iron Stake, thence North 27 degrees East 4 chains and 55 links (Equals 303.3 feet) to the North East Corner of WiUingham[’s] property, and thence to center of the road, thence east along the center of the road 204 feet to the point of beginning.

This deed was recorded in 1939, although it stated that it was a duplicate of a deed executed in 1934.

The relevant deed in appellants’ chain of title was from Kilpatrick to Lloyd Rhodes, conveying the western portion of what is now appellants’ lot (the eastern portion had previously been conveyed to Ed Davis, but that deed is not pertinent here). Its description reads:

Pt. of SW SW 1/4 Sec. 22 Twp. 3 S. R. 18 West, more minutely described as following, Commencing at a point 200 feet Westerly from the East line of said forty and at the Ed Davis S.W. Comer on lake; thence northerly along flood line of lake about 11 Ofeet to center of the valley to the D.D. Glover lot corner; thence northerly about 470 feet to center of road; thence East along center of road fifty feet to comer of Ed Davis Lot; thence South about 475 feet to place of beginning.

(Emphasis added.) This deed was recorded in 1936.

Although it is difficult to tell from the bare descriptions, the above conveyances overlap by fifteen feet on their northern ends. Appellants argued at trial that the deed of their predecessor, Rhodes, contained the paramount grant of the fifteen-foot strip because it was recorded first. The trial court ruled, however, that the reference in the Rhodes deed to “the D.D. Glover lot corner” showed that Kilpatrick and Rhodes had actual knowledge of the Glover conveyance and, thus, the Glover deed, although recorded later, took priority.

Generally, an instrument in writing that affects real property shall not be valid against a subsequent purchaser unless it is filed of record in the county where the real estate is located. See Killam v. Tex. Oil & Gas Corp., 303 Ark. 547, 798 S.W.2d 419 (1990); Smith v. Parker, 67 Ark. App. 221, 998 S.W.2d 1 (1999); see also Ark. Code Ann. § 14-15-404(b) (Repl. 1998), which provides:

No deed, bond, or instrument of writing for the conveyance of any real estate, or by which the title thereto may be affected in law or equity, made or executed after December 21,1846, shall be good or valid against a subsequent purchaser of the real estate for a valuable consideration without actual notice thereof or against any creditor of the person executing such an instrument obtaining ajudgment or decree which by law may be a lien upon the real estate unless the deed, bond, or instrument, duly executed and acknowledged or proved as required by law, is filed for record in the office of the clerk and ex officio recorder of the county where the real estate is situated.

However, if a subsequent purchaser has actual notice of a prior unrecorded deed, he takes subject to it.

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Bluebook (online)
234 S.W.3d 327, 95 Ark. App. 100, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rice-v-welch-motor-co-arkctapp-2006.