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Windham v. Windham

377 S.W.2d 681, 1964 Tex. App. LEXIS 2083
CourtCourt of Appeals of Texas
DecidedMarch 13, 1964
DocketNo. 3855
StatusPublished
Cited by1 cases

This text of 377 S.W.2d 681 (Windham v. Windham) 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
Windham v. Windham, 377 S.W.2d 681, 1964 Tex. App. LEXIS 2083 (Tex. Ct. App. 1964).

Opinion

GRISSOM, Chief Justice.

In T945, T. M. Windham and wife, Annie Windham, owned all the land involved in this suit between their children. In October 1945, they conveyed to their son, Sam Windham, a tract of land described as 197 .acres, being 69 acres out of the Tom J. Sweeney 'Survey 134 and “128 acres of the J. Farrout Survey No. 133”, in Brown County, reserving a life estate. At the same time they conveyed to another son, Fred Windham, a tract adjoining on the south the land conveyed to Sam, describing it as 135 acres out of said Farrout Survey and the E. M. Tanner Survey 132. Its beginning point was stated in the deed to be.at a stake “in the South line of a 128 acre tract -out of the J. Farrout Survey 133.” The parents reserved a life estate in this land also. In 1955, with the consent of Sam Windham, T. M. and Annie Wind-ham, conveyed to their daughter, Mary Montgomery, 12 acres off of the south end of said tract of land that they had conveyed to Sam in 1945.

In April 1960, T. M. Windham was dead. T. M. and Annie Windham owed a debt secured by a lien on all the land and their creditor was trying to collect it. For the purpose of doing away with the life estate of Annie Windham so that each grantee could obtain and pay his proportionate share of said debt the creditor’s attorney prepared and the parties executed the following instruments: (1) A quitclaim deed from Annie Windham, a widow, Mary Montgomery and her husband and James and Fred Windham to Sam Windham covering the same land conveyed to Sam by his parents in 1945, using the identical field notes and expressly reciting on the face thereof that it was the same land that has been conveyed to Sam by his parents in 1945; (2) Mrs. Annie Windham, Mary Montgomery and husband and James and Sam Windham executed a quitclaim deed to Fred Windham covering the same land conveyed to him by his parents in 1945, using the same field notes and expressly reciting that it was the same land that had been conveyed to Fred in 1945 by his parents; (3) at the same time, Sam Windham and Mary Montgomery and her husband executed a quitclaim deed to James Wind-ham covering the same 12 acres of land out of the south end of the tract that had been conveyed in 1945 by the parents to Sam and which in 1955, with Sam’s consent, had been conveyed by T. M. and Annie Wind-ham to Mary Montgomery. In November 1961, Cleatus Byrd purchased said 12 acres from James Windham.

Fred Windham brought this suit in trespass to try title to a 9.9 acre tract and a 7.8 acre tract shown on a map prepared by a surveyor appointed by the court to survey said lands, which map is known in the record as plaintiff’s exhibit one, and is as follows:

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Bluebook (online)
377 S.W.2d 681, 1964 Tex. App. LEXIS 2083, Counsel Stack Legal Research, https://law.counselstack.com/opinion/windham-v-windham-texapp-1964.