Amparo Pena Cortina v. P. I. Corporation and Windward Oil & Gas Corporation
385 S.W.3d 613
| Tex. App. | 2012Background
- Cortinas, descendants of Delfina Balli, claim an undivided 2.083% interest in Padre Island.
- Delfina Balli's interest was conveyed to Nicolas Grisante in 1846 via a tutor's deed signed by Delfina's mother.
- The deed's validity hinges on whether the 1846 Mexican court had authority to convey Texas land after Texas independence.
- Windward moved for summary judgment on multiple grounds and the trial court granted it.
- The court addressed Mexican jurisdiction, limitations/adverse possession, res judicata/collateral estoppel, and discovery rule as bases for judgment.
- The court ultimately affirmed the trial court's grant of summary judgment in Windward's favor.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Mexican courts had authority to approve the 1846 tutor deed. | Cortinas assert lack of jurisdiction voids deed. | Windward contends Mexican court could convey to private individuals; court had jurisdiction over parties. | Guardian's deed valid; Mexican jurisdiction over parties supported. |
| Whether Cortinas are barred by limitations/adverse possession. | Title not established by adverse possession due to void deed. | Recorded deeds and long possession defeat claims under limitations. | Summary judgment proper; limitations bars Cortinas' claim. |
| Whether the discovery rule applies to toll the limitations period. | Discovery rule should toll accrual given hidden injury. | Discovery rule not applicable due to publicly recorded deed and judgments. | Discovery rule does not apply; judgment affirmed on this basis. |
Key Cases Cited
- Kenedy Pasture Co. v. State, 231 S.W.2d 683 (Tex. 1921) (issues of post-1848 Mexican grants; Treaty impact on validity of land grants)
- King Ranch v. Chapman, 118 S.W.3d 742 (Tex. 2003) (presumption in favor of ancient judgments in land titles)
- McElreath v. McElreath, 345 S.W.2d 722 (Tex. 1961) (courts may adjudicate title to Texas lands via other states if personal jurisdiction exists)
- Shell Oil Co. v. Ross, 356 S.W.3d 924 (Tex. 2011) (discovery rule limited; accrual governed by law; tolling defenses evaluated)
- City of Keller v. Wilson, 168 S.W.3d 802 (Tex. 2005) (standard for summary judgment; burden on movant; evaluation of evidence-based on reasonable inferences)