West 17th Resources, LLC, Pamela Mika Wolf, and Thomas Mika v. Lucian A. Pawelek and Carleen J. Pawelek
04-14-00668-CV
| Tex. App. | May 14, 2015Background
- Irene Mika acquired interests in 290.69 acres from (a) a 1/10 share via Prosper Mika (held as life beneficiary and trustee with broad power to sell/consume corpus) and (b) a 1/6 share individually from Mary Mika. Her children are Pamela and Thomas.
- On December 31, 1994 Irene and 14 other Mika family members executed a warranty deed conveying “all” 290.69 acres to Lucian and Carleen Pawelek; none of the grantors’ signature lines identified capacities (e.g., trustee) or fractional interests.
- The Paweleks entered and possessed the property continuously from 1994, paid taxes, and executed an oil-and-gas lease in 2009; Irene died in 2003. Pamela and Thomas did not enter or assert ownership until they sued in 2013.
- Pamela and Thomas (through West 17th Resources) claim Irene only conveyed her individual 1/6 and not her 1/10 trust/life interest (or at most the life estate), so they as remaindermen retain title; they also argue severance, acknowledgment, or need for an ouster may affect adverse-possession accrual.
- The trial court granted summary judgment for the Paweleks; appellees argue the deed language, estoppel-by-deed, adverse possession (3-, 5-, 10-year statutes), ouster, and statutory limitations defeat Pamela and Thomas’s claims.
Issues
| Issue | Plaintiff's Argument (Pamela/Thomas) | Defendant's Argument (Pawelek) | Held |
|---|---|---|---|
| Whether Irene’s 1994 deed conveyed her full interests (individual 1/6 plus 1/10 trust/life interest) | Deed lacked capacity designation; Irene only conveyed individual 1/6, not trustee life interest | Granting clause and warranty language convey all interests; absence of capacity language does not limit conveyance | Court awarded judgment for Paweleks (deed construed as unambiguous warranty conveying all interests) |
| Whether heirs are estopped from asserting title (estoppel by deed) | Heirs can assert remainder if Irene conveyed only life estate or if deed insufficient | Warranty deed language (“warrant and forever defend”) estops grantor and privies from denying deed’s truth; heirs bound | Court affirmed estoppel as applied to Paweleks; heirs barred from inconsistent claim |
| Whether adverse possession matured (3/5/10-year statutes) | Adverse-possession period was tolled until Irene’s death or prevented by cotenancy/ouster issues; severance or later acts affect accrual | Paweleks possessed continuously from 1994, paid taxes, had registered chain of title; 3-, 5-, and 10-year statutes satisfied; severance (2009) and acknowledgment (2012) came too late | Court treated Paweleks’ possession as ripening into title under applicable statutes; judgment for Paweleks |
| Whether Irene’s conveyance operated as an ouster defeating remaindermen | As remaindermen, Pamela/Thomas needed an ouster to start adverse-possession running against them; absent clear ouster, their remainder survived | Conveyance by one cotenant to a stranger of the entire property, followed by possession, constitutes an ouster of non-consenting cotenants; Irene’s deed and subsequent possession ousted heirs | Court held deed plus possession constituted ouster and defeated remaindermen’s claim |
Key Cases Cited
- Duhig v. Peavy-Moore Lumber Co., Inc., 144 S.W.2d 878 (Tex. 1940) (general warranty deed can estop grantor/privies and operate to convey or defeat other claimed interests)
- Rogers v. Ricane, 884 S.W.2d 763 (Tex. 1994) (distinguishes quitclaim/individual-capacity conveyances from warranty deeds; warranty language can estop heirs)
- Luckel v. White, 819 S.W.2d 459 (Tex. 1991) (construction of unambiguous deed is question of law; court must harmonize all parts of instrument)
- XTO Prod. v. Nikolai, 357 S.W.3d 47 (Tex. App.—Fort Worth) (estoppel by deed doctrine recognized; deeds’ assertions bind grantor/privies)
- Rio Bravo Oil Co. v. Staley Oil Co., 158 S.W.2d 293 (Tex. 1942) (adverse possession that begins before mineral severance includes mineral estate)
- Calvert v. Thompson, 339 S.W.2d 685 (Tex. Civ. App.—Austin) (life estate with plenary power of disposition can defeat remainder when exercised)