Rife v. Kerr
513 S.W.3d 601
Tex. App.2016Background
- Dispute over an undivided 1/2 interest in the mineral estate under ~476.7 acres in Dimmit County: the Rifes claim one 1/2 interest through chains back to A.H. Rife; the Kerrs own the other undivided 1/2 and claim title from a 1932 deed to Alta Kerr.
- Good Luck Colony (1909) conveyed all lots to L.A. Kerr, Trustee, for sale; subsequent agreements (1910–1916) led to a 1916 provision setting unsold lots “in the hands of L.A. Kerr, Trustee” aside for the joint use/benefit of L.A. Kerr and A.H. Rife.
- Rifes rely on the 1916 arrangement and a 1937 deed from L.A. Kerr, Trustee, to A.H. Rife (conveying an undivided 1/2 interest in unsold lots) to establish superior title via common source.
- Kerrs rely on a recorded 1932 deed from L.A. Kerr to Alta Kerr (conveying the disputed lots) and on evidence of post‑1932, continuous, exclusive use by Kerrs and predecessors (leases, grazing, fencing, tax payments) to assert title and adverse possession.
- Trial court granted Kerrs’ no‑evidence summary judgment on trespass to try title and denied Rifes’ competing summary judgment. The court of appeals reversed and remanded, finding triable fact issues both on Rifes’ common‑source/superior title theory and on Kerrs’ adverse‑possession defense.
Issues
| Issue | Plaintiff's Argument (Rife) | Defendant's Argument (Kerr) | Held |
|---|---|---|---|
| Common source linkage | Rifes produced abstracts and certified deeds tracing both chains to L.A. Kerr, Trustee (1909 plat/deed). | Kerrs disputed sufficiency but relied on 1932 deed breaking chain. | Court: Rifes produced some evidence connecting both chains to L.A. Kerr, Trustee. |
| Superior title from common source (effect of 1932 deed) | 1916 agreement created cotenancy/dry trust such that L.A. Kerr could not convey A.H. Rife’s undivided 1/2 in 1932; 1937 deed conveyed Rife’s 1/2. | 1932 recorded deed to Alta Kerr conveyed the disputed lots before the 1937 conveyance; older recorded deed is superior. | Court: Fact issues exist whether trust became passive/cotenancy arose in 1916 and whether 1932 deed conveyed only Kerr’s 1/2 — triable. |
| Which lots were "unsold" (sufficiency of property description) | Produced specific recorded conveyances showing disputed lots remained in L.A. Kerr, Trustee’s name and a title examiner declaration identifying remaining lots. | Cited Mills/Seddon: plaintiff must prove which lots remained unsold; argued Rifes failed to do so. | Court: Rifes’ deeds plus declaration provided some competent evidence distinguishing sold vs unsold lots; Mills/Seddon distinguishable. |
| Adverse possession (ouster of cotenant) | Rifes argued Kerrs offered no evidence of ouster, so Rifes are entitled to judgment if superior title proved. | Kerrs produced recorded 1932 deed and affidavits describing open, exclusive, continuous possession (fencing, grazing, structures, tax payments) establishing ouster and adverse possession. | Court: Kerrs produced some evidence raising a fact issue on ouster of cotenant; summary judgment for Rifes could not be rendered. |
Key Cases Cited
- City of San Antonio v. San Antonio Express-News, 47 S.W.3d 556 (Tex. App.-San Antonio 2000) (standard of review for summary judgment)
- Nixon v. Mr. Prop. Mgmt. Co., 690 S.W.2d 546 (Tex. 1985) (traditional summary judgment standard)
- Romo v. Tex. Dep’t of Transp., 48 S.W.3d 265 (Tex. App.-San Antonio 2001) (no‑evidence summary judgment standard)
- Martin v. Amerman, 133 S.W.3d 262 (Tex. 2004) (methods to prove title in trespass‑to‑try‑title)
- Wolfe v. Devon Energy Prod. Co., 382 S.W.3d 434 (Tex. App.-Waco 2012) (common‑source proof rules)
- Rogers v. Ricane Enters., Inc., 884 S.W.2d 763 (Tex. 1994) (plaintiff must prove superior title from common source)
- Rhone‑Poulenc, Inc. v. Steel, 997 S.W.2d 217 (Tex. 1999) (summary judgment inferences resolved for nonmovant)
- Comm’rs Court v. Agan, 940 S.W.2d 77 (Tex. 1997) (competing summary judgments; appellate remedy)
- Republic Production Co. v. Lee, 121 S.W.2d 973 (Tex. 1938) (conveyance by cotenant to stranger plus possession can amount to disseizin)
- Tex‑Wis Co. v. Johnson, 534 S.W.2d 895 (Tex. 1976) (ouster standard and constructive notice by long, open, exclusive possession)
- Mills v. Pitts, 48 S.W.2d 941 (Tex. 1932) (insufficiency where plaintiff cannot show which parcels remained unsold)
- Seddon v. Harrison, 367 S.W.2d 888 (Tex. Civ. App.-Houston 1963) (same principle as Mills)
- W. 17th Res., LLC v. Pawelek, 482 S.W.3d 690 (Tex. App.-San Antonio 2015) (trustee capacity and deed construction)