Allon R. Hahn, Indvidually and D/B/A Hahn's Gulf Services v. Bertrand Love
2012 Tex. App. LEXIS 4702
| Tex. App. | 2012Background
- Hahn obtained an 1988 judgment against O’Neal Session; lien attached to Session's real property via an abstract later that year.
- Session conveyed the property to Mid-Town in 2002 via a general warranty deed lacking a metes-and-bounds description but referencing specific tracts and street addresses; deed not recorded until 2004.
- Hahn revived his judgment in 2004 and recorded a second abstract of judgment, creating a lien that would attach to Session-owned property, but not to the property transferred to Mid-Town.
- In 2004, Love purchased the Property (1615 and 1621 Wheeler) from Mid-Town for value and without knowledge of Hahn’s interest; Love’s deed to the Property was recorded after the 2004 correction deed clarifying the 2002 transfer.
- Hahn sought to enjoin an execution sale and asserted TUFTA claims; Love moved for summary judgment to remove Hahn’s cloud on title; the trial court granted Love partial summary judgment on the description issue and later trial proceeded on residual issues.
- The trial court ultimately ruled in Love’s favor on cloud-remove and TUFTA defenses; Hahn appealed, challenging several evidentiary, jury, and legal-description rulings; the court of appeals affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the 2002 Deed’s property description legally sufficient? | Hahn contends description void; insufficient to pass title. | Love contends description is legally sufficient under Texas law. | Description legally sufficient; Love entitled to partial summary judgment. |
| Was Love’s good-faith purchase supported by the evidence and is he entitled to the bona fide purchaser defense? | Hahn asserts Love knew of Hahn’s claim and/or acted with fraudulent intent. | Love argues lack of actual/constructive notice and that he paid reasonably equivalent value. | Love’s good-faith purchase supported; Love entitled to defense under TUFTA. |
| Was Hahn entitled to removal of the cloud on Love’s title and related relief? | Hahn seeks declaratory relief, constructive trust, and cloud removal based on TUFTA and lien validity. | Love argues TUFTA defense defeats cloud; no entitlement to the relief sought. | Trial court did not err; cloud removed in favor of Love. |
| Did the trial court err in evidentiary rulings and jury-charge issues affecting insider/good-faith determinations? | Hahn argues exclusion of testimony and exhibits prejudiced the case. | Love asserts rulings were proper or harmless; evidence was cumulative or irrelevant. | Evidentiary and charge rulings affirmed; no reversible error. |
Key Cases Cited
- City of Keller v. Wilson, 168 S.W.3d 802 (Tex. 2005) (legal-sufficiency standard for reviewing evidence and jury verdicts)
- AIC Mgmt. v. Crews, 246 S.W.3d 640 (Tex. 2008) (property description sufficiency includes references to existing writings)
- Reiland v. Patrick Thomas Properties, Inc., 213 S.W.3d 431 (Tex. App.—Houston [1st Dist.] 2006) (inadequate description defeats certain rights unless ascertainable by extrinsic evidence)
- Westland Oil Dev. Corp. v. Gulf Oil Corp., 637 S.W.2d 903 (Tex. 1982) (purchaser bound by chain of title and notices; duties to examine title records)
- Andress v. Condos, 672 S.W.2d 627 (Tex. App.—Fort Worth 1984) (notice limitations for subsequent interests outside chain of title)
- Tamburine v. Center Sav. Ass’n, 583 S.W.2d 942 (Tex. Civ. App.—Tyler 1979) (title-company duty to search and imputation of notice)
- Martinka v. Commonwealth Land Title Ins. Co., 836 S.W.2d 773 (Tex. App.—Houston [1st Dist.] 1992) (title-insurer duties and lack of imputed notice to purchaser)
- Murray v. Cadle Co., 257 S.W.3d 291 (Tex. App.—Dallas 2008) (purpose and notice function of judgment abstracts)
