W. T. Carter & Bro. v. Davis

88 S.W.2d 596
CourtCourt of Appeals of Texas
DecidedNovember 27, 1935
DocketNo. 2787.
StatusPublished
Cited by19 cases

This text of 88 S.W.2d 596 (W. T. Carter & Bro. v. Davis) 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
W. T. Carter & Bro. v. Davis, 88 S.W.2d 596 (Tex. Ct. App. 1935).

Opinion

O’QUINN, Justice.

May 18, 1933, Wirt Davis brought this suit in the special district court of Polk county against W. T. Carter & Bro. and other defendants. The suit was in the nature of trespass to try title and had for its purpose the recovery of • an undivided one-half interest in the oil, gas, and other minerals in six tracts of land in Polk county, Tex.: (1) An undivided one-half (738 acres) of the Hezekiah Williams one-third league survey; (2) an undivided one-half (738 acres) of the John Swinney one-third league survey; (3) an undivided 553 acres out of the Wm. Coleman 1,476-acre survey; (4) a tract of 154 acres out of the Elisha Stephenson survey; t (5) a tract of 409 acres out of the Elisha Stephenson survey.

December 19, 1933, Wycliff Skinner and others intervened, claiming the same mineral interest in said land. The in-terveners are all of the legatees and heirs of Helen B. Hardin and Mrs. Cynthia A. Skinner. Helen B. Hardin was the sole legatee of Wm. F. Hardin.

W. T. Carter & Bro. were the principal defendants. They disclaimed as to the fourth, fifth, and sixth (the Stephenson) tracts described in the petitions of plaintiff and interveners. They also disclaimed as to a tract of 12.58 acres of the John Swinney survey, and as to all of the Wm. Coleman 1,476-acre survey, except a specific 710.32 acres.

The defendants C. J. Gerlach & Bro. ■disclaimed as to everything except a l/64th royalty interest in the oil, gas, and minerals in a specific 40 acres of the Hezekiah Williams survey. The defendants R. H. Jones, G. C. Lowe, and •S. L. Birch answered by general demurrer, general denial, and plea of not guilty. It developed they claimed only the oil, gas, and other minerals in a specific 10 acres of the Hezekiah Williams survey.

The only interest the defendants Harrison Oil Company and the J. S. Aber-crombie Company ever had was under lease executed by W. T. Carter & Bro., which pending the suit lapsed, and they were therefore no longer regarded as real parties to the suit, though judgment was rendered against them.

The case was tried to the court without a jury, and judgment rendered in favor of plaintiff Wirt Davis for the minerals in an undivided 92.25 acres of the William Coleman survey, and in favor of the interveners for the minerals in all of the other tracts in which the mineral rights were contested. That judgment is before us for review. The appeal is by W. T. Carter & Bro., C. J. Gerlach & Bro., and R. H. Jones, G. C. Lowe, and J. L. Birch, and involves the minerals in an undivided one-half of the Hezekiah Williams 1,476 acres; and undivided one-half of the John Swinney 1,476 acres (less 12.58 acres) ; and an undivided 553 acres of the William Coleman 1,476-acre survey of which survey W. T. Carter & Bro. claim a specific 710.32 acres.

By agreement of parties, the title to the minerals involved on January 1, 1904, was vested in Helen B. Hardin, Cynthia A. Skinner, and husband, John F. Skinner, and Wm. F. Hardin.

On October 25, 1904, Helen B. Hardin conveyed to Wirt Davis the following tracts of land situated in Polk county, Tex.: (a) An undivided 738 acres out of the Hezekiah Williams one-third of a league survey; (b) an undivided 738 acres out of the John Swinney one-third of a league survey; and (c) a tract of 249 acres out of the Elisha Stephenson survey. In this deed Helen B. Hardin reserved all of the minerals in, on, and under all of said land. This deed was never recorded.

On September 26, 1904, Mrs. Cynthia A. Skinner, and her husband, John F. •Skinner, conveyed to Wirt Davis the following tracts of land situated in Polk county, Tex.: (a) An undivided 184½ acres out of the William Coleman survey, and (b) a tract of 154 acres out of the Elisha Stephenson survey. In this deed Mrs. Skinner and her hus *598 band reserved all of the minerals in, on, and under all of said land. This deed was never recorded.

On October 22, 1904, W. F. Hardin (Wm. F. Hardin) conveyed to Wirt Davis the following tracts of land in Polk county, Tex.: (a) An undivided 184½ acres out of the William Coleman survey, and (b) a tract of 409 acres out of the Elisha Stephenson survey. In this deed W. F. Hardin reserved one-half of all the minerals in, on, and under said land, the other one-half passing to Wirt Davis. This deed was never recorded.

, October 28, 1904, Wirt Davis conveyed to Wm. 'Carlisle & Co. all the lands mentioned in the three preceding deeds. In this deed Wirt Davis reserved all of the minerals in, on, and under said land. This deed was immediately filed for record and duly recorded.

October 25, 1909, Helen B. Hardin and Cynthia A. Skinner and her husband, J. F. Skinner, made deed to Wm. Carlisle & Co. referring to the Davis deed of October 28, 1904, and describing the same land as in the deed from Wirt Davis to said Wm. Carlisle & Co. This deed was duly- recorded.

December 1, 1909, Wm. Carlisle & Co. conveyed to West Lumber Company, in addition to other lands, the same and all of the land conveyed to Carlisle & Co. by Wirt Davis. This deed was duly recorded.

October 18, 1926, West Lumber Company conveyed to W. T. Carter & Bro. numerous tracts of land, including the land sold by Wirt Davis to Carlisle & Co., which was conveyed by Carlisle & Co. to West Lumber Company.

Appellants insist that the first four deeds above mentioned (deeds from Helen B. Hardin, Cynthia A. Skinner, and husband, J. F. Skinner, to Wirt Davis, and W. F. Hardin to Wirt Davis, and from Wirt Davis to Carlisle & Co.) are not in their chain of title. Ap-pellees deny this contention, and say that all of said deeds are in appellants’ chain of title.

Appellants claim the minerals reserved in the unrecorded deeds from Helen B. Hardin, Mrs. Cynthia A. Skinner, and her husband, John F. Skinner, and Wm. F. Hardin, to Wirt Davis, of date October 25, 1904, September 26, 1904, and October 22, 1904, respectively, passed to Wm. Carlisle & Co. by virtue of the deed from Helen B. Hardin and Cynthia A. Skinner and her husband, J. F. Skinner, to Wm. Carlisle & Co. of date October 25, 1909. Appellees claim that said minerals did not pass by virtue of said deed, but that same remained in Helen B. Hardin, Cynthia A. Skinner, and her husband, J. F. Skinner, and passed by inheritance to ap-pellees.

Appellants present two assignments of error (to which and in connection with which ten subordinate propositions are discussed in their brief). They are:

“First. The deed of October 25, 1909, by its express terms conveyed the oil, gas and minerals in the lands described therein and here involved, and there was no reservation or exception of same contained in said deed. Therefore, the trial court erred in holding that said deed did not convey said oil, gas and minerals.”
“Second. The grantors in the deed of October 25, 1909, were admittedly the owners of the oil, gas and minerals in the lands therein described prior to its execution, and as said deed conveyed all of their right, title and interest in said lands, without any reservation or exception, the same passed all title of the grantors in said oil, gas and minerals in controversy, and as appellees were claiming under said grantors they had no title on which to recover.”

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Grisham v. Lawrence
298 S.W.3d 826 (Court of Appeals of Texas, 2009)
MBank Abilene, N.A. v. Westwood Energy, Inc.
723 S.W.2d 246 (Court of Appeals of Texas, 1986)
Westland Oil Development Corp. v. Gulf Oil Corp.
637 S.W.2d 903 (Texas Supreme Court, 1982)
Smith v. Allison
301 S.W.2d 608 (Texas Supreme Court, 1956)
Ragland v. Lowe
283 S.W.2d 280 (Court of Appeals of Texas, 1955)
Punch v. Gerlach
267 S.W.2d 182 (Court of Appeals of Texas, 1954)
Steed v. Crossland
252 S.W.2d 784 (Court of Appeals of Texas, 1952)
Easley v. Brookline Trust Co.
256 S.W.2d 983 (Court of Appeals of Texas, 1952)
Matthews v. Rains County
206 S.W.2d 852 (Court of Appeals of Texas, 1947)
Gulf Production Co. v. Continental Oil Co.
164 S.W.2d 488 (Texas Supreme Court, 1942)
Vaughn v. Continental Royalty Co.
116 F.2d 72 (Fifth Circuit, 1940)
Armstrong v. Humble Oil & Refining Co.
145 S.W.2d 692 (Court of Appeals of Texas, 1940)
Lewis v. East Texas Finance Co.
123 S.W.2d 803 (Court of Appeals of Texas, 1938)
Pure Oil Co. v. Ross
98 S.W.2d 1045 (Court of Appeals of Texas, 1936)

Cite This Page — Counsel Stack

Bluebook (online)
88 S.W.2d 596, Counsel Stack Legal Research, https://law.counselstack.com/opinion/w-t-carter-bro-v-davis-texapp-1935.