John A. Lance, Debra L. Lance, F.D. Franks and Helen Franks v. Judith and Terry Robinson, Gary and Brenda Fest, Virginia Gray and Butch Townsend
04-14-00758-CV
| Tex. App. | Aug 27, 2015Background
- Dispute over a .282-acre area near Medina Lake involving appellants (Lance and Franks), appellees (Robinson, Fest, Gray, Townsend) and intervenor Bexar‑Medina‑Atascosa Counties Water Control & Improvement District No. 1 (BMA).
- Plaintiffs sought declaratory relief that a 1917 “Deed to MVICO” (the Spettle Deed) and a later Deed Without Warranty to the Lances conveyed no interest to Defendants and that Plaintiffs hold easement rights over the area.
- Defendants moved to reverse summary judgment, arguing (1) the Spettle Deed is not in Plaintiffs’ chain of title, (2) the Deed Without Warranty has not been properly set aside and ownership determinations require trespass-to-try-title, and (3) Plaintiffs lacked standing to challenge the deed for fraud.
- Defendants also argued the purported express easement (from the Spettle→MVICO deed) fails for lack of legal description, absence of dominant/servient estates, statute of frauds noncompliance, and is at best an easement in gross — and that none of the elements of the fraudulent‑lien statute (Texas Civ. Prac. & Rem. Code Ch. 12) were met.
- Procedurally, the trial court entered rulings concluding the Deed Without Warranty conveyed no ownership or possessory interest to Defendants and recognized alleged easement language from the Spettle→MVICO deed; Defendants appeal those rulings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held (trial court ruling being appealed) |
|---|---|---|---|
| Validity and effect of Deed Without Warranty | Deed is invalid cloud; Plaintiffs entitled to declaratory relief that it conveyed no interest | Deed is presumptively valid until set aside by proper party in trespass to try title; Plaintiffs lack standing to attack it for fraud | Trial court found Deed Without Warranty conveyed no ownership or other interest to Lances |
| Requirement of trespass-to-try-title | Not necessary to attack a fake deed under equitable or declaratory principles | Determination of ownership requires trespass‑to‑try‑title; equitable cancellation cases (e.g., Wilhoite) are distinguishable | Trial court made a title-related determination without a trespass‑to‑try‑title adjudication |
| Whether Plaintiffs have an express easement over the .282 acres | Easement arises from language in 1917 Spettle→MVICO deed and attaches to lands up to elevation 1084 | Spettle→MVICO deed is not in Plaintiffs’ chain of title; deed lacks legal description, dominant/servient estates, statute‑of‑frauds compliance; at most creates easement in gross or license | Trial court recognized easement language (from the Spettle→MVICO deed) over the area — Defendants contest validity |
| Application of Chapter 12 (fraudulent lien statute) | Plaintiffs relied on Chapter 12 to recover; argued Deed Without Warranty was used fraudulently | No lien exists; Chapter 12 elements not met (no knowledge of fraudulent lien, no intent re: lien, no intent to cause injury) | Trial court awarded relief under theories including statutory fraud; Defendants argue award was legally unsupported |
Key Cases Cited
- Bexar‑Medina‑Atascosa Counties Water Imp. Dist. No. 1 v. Wallace, 619 S.W.2d 551 (Tex. App.—San Antonio 1981) (discusses BMA jurisdiction and high‑water mark context)
- Wilhoite v. Sims, 401 S.W.3d 752 (Tex. App.—Austin 2013) (distinguishes cancellation for voidable deed procured by fraud from trespass‑to‑try‑title actions)
- Drye v. Eagle Rock Ranch, Inc., 364 S.W.2d 196 (Tex. 1962) (requirements for easement appurtenant: dominant and servient estates)
- Nobles v. Marcus, 533 S.W.2d 923 (Tex. 1976) (until set aside, a deed is prima facie evidence of title)
- Altman v. Blake, 712 S.W.2d 117 (Tex. 1986) (instrument interpretation governed by four corners; intent expressed in deed controls)
- Greer v. Greer, 191 S.W.2d 848 (Tex. 1946) (express easements must satisfy statute of frauds and sufficiently describe location)
- City of Dallas v. Leake, 300 S.W.2d 135 (Tex. Civ. App.—Dallas 1957) (distinguishes quitclaim deeds from deeds that on their face convey property)
- Merritt v. Davis, 331 S.W.3d 857 (Tex. App.—Dallas 2011) (elements of Chapter 12 fraudulent‑lien claim)