Home/Court of Appeals of Texas/Texas Co. v. Van Deventer

Texas Co. v. Van Deventer

290 S.W. 560
CourtCourt of Appeals of Texas
DecidedDecember 24, 1926
DocketNo. 1416.
StatusPublished
Cited by2 cases

This text of 290 S.W. 560 (Texas Co. v. Van Deventer) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Texas Co. v. Van Deventer, 290 S.W. 560 (Tex. Ct. App. 1926).

Opinion

WALKER, J.

The deed records of Liberty county were destroyed by fire on the 12th day of December, 1874. June 3, 1845, B. W. Hardin, sheriff of Liberty county, by virtue of an execution under a judgment against the heirs of Wilson Webb-, sold to John W. Clayton the following described tract of land in Liberty county, Tex., to wit:

“Three hundred acres of land lying and being situated as follows, beginning at the lower line of the third of a league of David Minchey head-right sold to James Martin, deed, on the river, *561 thence up the river with its meanders four hundred and sixteen 6/10 varas, being one-half the square of this survey, thence from the river parallel with the line of said third a sufficient distance so that a line running to intersect the lower line and thence toJ the beginning corner, will embrace three hundred acres of land with all its appurtenances and all the estate which the said heirs of Wilson Webb had in the said tract or parcel of land1 on the said fourth of June in the year 1845, Sr at any time since or now hath with the appurtenances.”

John W. Clayton’s wife was named Martha, one of-the daughters of Wilson Webb, who died before this execution sale, leaving this land to his heirs. There is no deed of record in the deed records of Liberty county out of John W. Clayton and wife, Martha, but recitations in subsequent deeds show that prior to September 30, 1851, John W. Clayton conveyed to H. R. Clayton a tract of land in the David Minchey league bounded on the west by the Trinity river, on the south by the James M. and Kesiah Clayton lands, on the east by the Meadow tract, and on the north by the William A. Smith tract of land, which, on this trial, was claimed to be the O. A. Schade tract, as delineated on the plat hereinafter given.

On September 30, 1851, H. R. Clayton re-conveyed to John W. Clayton and George Preacher, to hold in trust during the natural life of John W. Clayton for the use and benefit of Martha Clayton and her children, or such of them as survived them, the following described tract of land in the said David Minchey league:

“One tract or parcel of land containing three hundred acres, being a part and parcel taken and surveyed of the league of land known as the Mincheu league or league of land granted to David Mincheau as his headright which said tract or parcel of land is bounded on the west by Trinity river, on the south by lands now belonging to the estate of James M. Clayton and Keziah dayton, on the east by land now claimed and owned by -Meadow; on the north by a strip of land owned by William A. Smith, purchased by him from Jackson H. Griffin, all of which said land boundary is of the said Min-cheau league and further and better known as the land whereon John W. Clayton now resides.” “Said property was purchased by me originally from John W. Clayton.”

Martha and John W. Clayton died, leaving four children. One daughter sold her one-fourth interest in the 300 acres to Frederick Antoine by conveying him under specific metes and bounds 75 acres out of the southwest corner of the Wilson Webb-John W. Clayton tract as above described. Though there was a controversy in the lower court as to the location of the north boundary line of this tract, appellant has acquiesced in the location as made by the trial court. The daughter Martha and her husband, Quitman Van Deventer, acquired the interests of the other two children, thereby owning the remaining three-fourths interest in this tract of land.

November 3, 1916, the Van Deventers sold 80 acres off the west end of their 225-acre tract, being all of the Wilson Webb-John W. Clayton tract except the 75 acres sold to Antoine, to the T. A. R. Oil Company, under the following description:

“In the David Minchey league situated on the east side of the Trinity river in Liberty county, Tex., and being the west eighty acres of what' is known as the Van Deventer 2S5 acres tract in said league, said 80 acres being the 80 acres next to and east of said river and bounded on the west by said river, on the north by the north line of the Van Deventer 225 acres tract, which is also the south line of the O. A. Schade 218½ acre tract, on the south by the south line of said Van Deventer tract, which is also the north line of the Antoine 75 acre tract, and on the east by a line parallel with the east line of said 225 acre tract and so located as to cut off the 80 acres in question from the west end of said 225 acre tract being the same tract of land heretofore occupied by Mrs. Martha Van Deventer as a homestead and being the only tract of land owned or claimed by her in said David Minchey league.”

This suit was by appellees, who claimed to own all of the Wilson Webb-John W. Clayton tract, except the Antoine and T. A. R. Oil Company tracts against appellant, the Tex'as Company, who own the T. A. R. Oil Company tract under a record chain of title from and under the T. A. R. Oil Company.

Appellant disclaimed as to all the land in controversy, except the T. A. R. Oil' Company tract, which it claimed under the following plea:

“And for further answer herein, if answer be necessary, this defendant disclaims all right, title, and interest in and to the tract of land described in plaintiffs’ petition, save and except such part thereof as is included within the boundaries and description of the 80 acres of land which was conveyed by the plaintiffs Mrs. Martha Van Deventer, Mrs. Nena Mehavier, Charles Mehavier and L. Q. Van Deventer, to the T. A. R. Oil Company by general warranty deed dated November 3, 1916, which is of record in Book 51, p. 417, deed records of Liberty county, Tex., which 80 acres is the west 80 acres of the Van Deventer 225-acre tract out of the J. W. Clayton 300-acre tract in the David Min-chey league, Liberty county, Tex., and which 80 acres is now owned by defendant under mesne conveyances from the said T. A. R. Oil Company.”

.No field notes to the Wilson Webb tract were offered in evidence, but its southwest corner, south boundary line, southeast corner, east boundary line, northeast corner, and the Trinity river as its west boundary line, were shown beyond controversy, leaving the issue only as to its northwest corner and its north boundary line from the uncertain northwest corner to the recognized northeast corner. The following plat shows the contentions of the parties:

*562 (Continued on folloiving page)

*563

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Bluebook (online)
290 S.W. 560, Counsel Stack Legal Research, https://law.counselstack.com/opinion/texas-co-v-van-deventer-texapp-1926.