Larry D. Prewitt and Deborah D. Prewitt v. Jackie Neil Norsworthy
09-15-00090-CV
| Tex. App. | Oct 20, 2016Background
- Dispute over an approximate three-acre tract in the A.H. Alley Survey in Jasper County, Texas; Norsworthy claimed title and adverse possession against the Prewitts.
- Jackie Norsworthy received a deed in 1996 conveying an 11.416-acre tract (partly in A.H. Alley, partly in C.A. Horn); the contested three acres lie entirely in A.H. Alley.
- The Prewitts later purchased ~311 acres from the Hammers; that deed also purported to include the same three-acre tract, prompting suit.
- Norsworthy sued in 2013 to quiet title and asserted adverse possession; he filed an abstract of title and proceeded to bench trial.
- Trial court concluded Norsworthy had both (1) a chain of title traceable to a sovereign patent and (2) acquired the three-acre tract by adverse possession; the court awarded title and possession to Norsworthy.
- On appeal the court held the 1861 deed in Norsworthy’s chain insufficiently described the land (breaking the chain to the patent) but found legally sufficient evidence of adverse possession (including recorded deed, >25 years tax payments, use, fencing, logging, and privity/tacking).
Issues
| Issue | Plaintiff's Argument (Norsworthy) | Defendant's Argument (Prewitts) | Held |
|---|---|---|---|
| Sufficiency of chain of title to sovereign patent | Deeds in chain (including 1861 and later conveyances) create regular chain from patent to Norsworthy | 1861 deed (A.H. Alley to C.A. Horn) is too vague to identify the land, breaking the chain | Court: Held for Prewitts — 1861 deed description insufficient; Norsworthy failed to prove chain to the patent (issue sustained) |
| Sufficiency of evidence for adverse possession (5- and 10-year statutes) | Norsworthy: registered deed (1996) covering tract, continuous use (hunting/fishing), privity/tacking to predecessors, tax payments, acts of ownership | Prewitts: recreational uses alone insufficient; tacking/acts of ownership not proven enough | Court: Held for Norsworthy — evidence met elements for 5- and 10-year limitations (issue overruled) |
| Sufficiency of evidence for 25-year adverse possession (statute requiring peaceable, in good faith, recorded deed + privity) | Norsworthy: predecessors paid taxes >25 years, privity/tacking, possession acts (mowing, fencing, logging), deed recorded | Prewitts: long-term recreational use insufficient; dispute as to exclusivity and continuous adverse possession | Court: Held for Norsworthy — implied/findings support 25-year limitations claim; tax records and tacking created rebuttable presumption and satisfied elements (issue overruled) |
Key Cases Cited
- Anderson v. City of Seven Points, 806 S.W.2d 791 (Tex. 1991) (standard for appellate review of bench-trial fact findings)
- City of Keller v. Wilson, 168 S.W.3d 802 (Tex. 2005) (legal-sufficiency review principles and crediting favorable evidence)
- Marathon Corp. v. Pitzner, 106 S.W.3d 724 (Tex. 2003) (no-evidence standards)
- Martin v. Amerman, 133 S.W.3d 262 (Tex. 2004) (ways to establish superior title; need for regular chain to sovereign when deeds share only patent)
- Wilson v. Fisher, 188 S.W.2d 150 (Tex. 1945) (deed must identify land with reasonable certainty)
- AIC Mgmt. v. Crews, 246 S.W.3d 640 (Tex. 2008) (sufficiency of legal description in conveyance)
- Rhodes v. Cahill, 802 S.W.2d 643 (Tex. 1990) (burden to plead and prove adverse possession elements)
- Tran v. Macha, 213 S.W.3d 913 (Tex. 2006) (hostility element in adverse possession does not require intent to dispossess)
- Estrada v. Cheshire, 470 S.W.3d 109 (Tex. App.—Houston [1st Dist.] 2015) (tacking and effect of continuous tax payments on adverse-possession proof)