Andy Brumley and Sheri Brumley v. Richard Howard McDuff and Sara Sullivan McDuff, Individually and as Co-Trustees of the McDuff Trust, the Erin Elizabeth McDuff Trust, and the MacKie Ann McDuff Trust Erin Elizabeth McDuff, Individually and as Co-Trustee of the Erin Elizabeth McDuff Trust And MacKie Ann McDuff, Individually and as Co-Trustee of the MacKie Ann McDuff Trust
616 S.W.3d 826
| Tex. | 2021Background
- Andy and Sheri Brumley sued the McDuffs over ~345.9 acres of accreted land along the Pease River, seeking to “quiet title.”
- In their live petition the Brumleys expressly pleaded the elements of ten‑year adverse possession (actual, visible, continuous, hostile, exclusive possession since 2001) but labeled the cause of action as quiet title and prayed to quiet title in their name.
- The McDuffs answered with the statutory trespass‑to‑try‑title plea of “not guilty,” contested the adverse‑possession facts at trial, and sought to submit additional jury questions; they did not specially except to the Brumleys’ characterization of the claim as a quiet‑title suit.
- The trial court submitted a single question asking whether the Brumleys had peaceable and adverse possession for at least ten years; the jury found for the Brumleys and the trial court awarded them title.
- The court of appeals reversed, reasoning the Brumleys had filed the wrong cause of action (quiet title rather than trespass to try title) and therefore could not obtain the title relief awarded.
- The Texas Supreme Court reversed the court of appeals, holding that the substance of the pleadings (adverse‑possession trespass‑to‑try‑title claim) controls over the label and remanded for the court of appeals to consider preserved sufficiency challenges.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether pleadings that allege adverse‑possession elements but label the suit "quiet title" can support a trespass‑to‑try‑title recovery | Brumley: substance controls; pleadings allege all elements of adverse possession and give fair notice | McDuff: form matters; a quiet‑title suit requires proof of existing superior title, so Brumleys pleaded the wrong cause of action | Held: pleadings suffice in substance—an adverse‑possession trespass‑to‑try‑title action may be pleaded as a quiet‑title action if elements and relief are alleged |
| Whether trial court abused discretion by submitting adverse‑possession question when petition was labeled quiet title | Brumley: trial submission matched pleaded adverse‑possession facts and both parties tried that issue | McDuff: court should not submit an unpleaded trespass‑to‑try‑title claim; lack of ownership proof in a quiet‑title pleading is fatal | Held: no abuse—petition alleged adverse possession and gave fair notice; label didn’t change substance |
| Whether defendant waived the pleading‑defect issue by not assigning error | Brumley: McDuffs failed to assign this error in court of appeals; reversal on unassigned error improper | McDuff: their appellate issue reasonably included the submission/pleading complaint | Held: Court of Appeals’ waiver question left open; Supreme Court assumed arguendo and decided pleadings supported submission, so waiver need not be resolved here |
| What remains for further review | Brumley: judgment should stand | McDuff: preserve legal and factual sufficiency challenges to the adverse‑possession finding | Held: remanded to court of appeals to address defendants’ preserved sufficiency challenges to the evidence supporting adverse possession |
Key Cases Cited
- Martin v. Amerman, 133 S.W.3d 262 (Tex. 2004) (substance of pleadings controls; trespass‑to‑try‑title is the method for resolving title disputes)
- Rogers v. Ricane Enters., Inc., 884 S.W.2d 763 (Tex. 1994) (plaintiff must recover on strength of own title in trespass‑to‑try‑title)
- Rhodes v. Cahill, 802 S.W.2d 643 (Tex. 1990) (elements of adverse possession articulated)
- Ammons v. Dwyer, 15 S.W. 1049 (Tex. 1890) (a petition styled to quiet title but alleging trespass to try title treated as such)
- Johnson v. Bryan, 62 Tex. 623 (Tex. 1884) (suit seeking recovery of land must be treated as trespass to try title regardless of form)
- Shepard v. Heirs of Cummings, 44 Tex. 502 (Tex. 1876) (leading object to recover land dictates character of action)
- Lance v. Robinson, 543 S.W.3d 723 (Tex. 2018) (distinguishing trespass‑to‑try‑title from suits resolving non‑possessory interests)