Jack Lewis Bynum v. Harold Ray Lewis
2013 Tex. App. LEXIS 456
| Tex. App. | 2013Background
- Bynum occupied a 12.8-acre Henderson County farmhouse; Lewis purchased the property earlier from the deceased’s estate.
- Lewis filed a forcible eviction action in Henderson County Justice Court in Jan 2011; the JP court issued a judgment for Lewis in Feb 2011.
- Bynum appealed to the Henderson County Court; he pleaded adverse possession to claim title.
- The county court entered a judgment for Lewis in May 2011, while addressing Bynum’s ownership claim.
- The appellate court sua sponte considered jurisdiction and held the county court lacked subject matter jurisdiction to determine title in a forcible entry and detainer case; the judgment was vacated and the case dismissed for lack of jurisdiction.
- Notes indicate the court did not address Bynum’s six issues due to lack of jurisdiction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the county court had subject matter jurisdiction to decide possession where title was disputed | Bynum defensively asserted adverse possession to claim title | Lewis prevailed on possession notwithstanding title dispute | County court lacked jurisdiction to determine title and possession together |
Key Cases Cited
- Aspen Wood Apt. Corp. v. Coinmach, Inc., 349 S.W.3d 621 (Tex. App.—Houston [1st Dist.] 2011) (title determination in real property actions; jurisdictional principles)
- Geldard v. Watson, 214 S.W.3d 202 (Tex. App.—Texarkana 2007) (subject-matter jurisdiction may be raised on appeal; title disputes affect jurisdiction)
- It’s the Berrys, LLC v. Edom Corner, LLC, 271 S.W.3d 765 (Tex. App.—Edom Corner 2008) (existence of title dispute; jurisdictional limits on forcible entry cases)
- Rice v. Pinney, 51 S.W.3d 705 (Tex. App.—Dallas 2001) (possession remedy not exclusive; title issues may be raised)
- Dormady v. Dinero Land & Cattle Co., 61 S.W.3d 555 (Tex. App.—San Antonio 2001) (when title resolution is intertwined with possession, title determines jurisdiction)
- King Ranch, Inc. v. Chapman, 118 S.W.3d 742 (Tex. 2003) (adverse possession as a claim of title)
- It’s the Berrys, LLC v. Edom Corner, LLC, 271 S.W.3d 765 (Tex. App.—Amarillo 2008) (existence of title dispute affects jurisdiction in forcible entry cases)
- Rice v. Pinney, 51 S.W.3d 705 (Tex. App.—Dallas 2001) (possession remedy not exclusive; title issues may be raised)
- Gibson v. Dynergy Midstream Servs., L.P., 138 S.W.3d 518 (Tex. App.—Fort Worth 2004) (pleading of adverse possession raises issue of title)