181 S.W.2d 844 | Tex. App. | 1944
This case arose as follows: Originally filed in 1938 as a partition suit between the eight children of Thos. Denniston and wife, Frances Ann Denniston, both of whom died intestate, for the partition of 200 acres of land in Burnet County. One of the heirs, Pearl Denniston, was non compos mentis, and Nora Wall, her sister, was guardian of her estate. The trial court found that the land was incapable of partition, ordered it sold by a commissioner appointed for that purpose, such sale was made and W. H. Wall became the purchaser thereof on December 14, 1938, for $2,500, he being the highest bidder. This sale was approved and the proceeds, less costs and expenses, distributed equally between the eight surviving children. On October 10, 1941, seven of the children, including the non compos mentis, represented by the other six as next friend, filed suit in the District Court to set aside the original sale, on the ground that it was void because in violation of Art. 4205, R.C.S., in that when said land was purchased by W. H. Wall, husband of Nora Wall, guardian of the estate of Pearl Denniston, Nora Wall, his wife, acquired a community interest in the purchase, and the result was that she was in effect purchasing the property of her ward in violation of that statute. Meantime, subsequent to the original sale and prior to the filing of that suit, the LCRA had condemned and purchased for flowage purposes 102 acres of the land in question, and had paid into the County Court of Burnet County therefor the sum of $3,646. The trial court held the original sale valid and denied the plaintiffs in that suit any recovery. From that judgment the plaintiffs appealed to this court, and the case was transferred to the Court of Civil Appeals at Amarillo, Texas. That Court, in an opinion reported in
Upon a retrial of the case the court ordered the land again sold as a whole, and, after adjusting certain equities based upon jury findings, awarded 7/8 of the proceeds, including the $3,646 paid into court by the LCRA, to Nora Wall and husband, W. H. Wall; and the remaining 1/8, less the amount received by her from the original sale, was awarded to the non compos mentis; and denied all the other children (referred to as the six sui juris appellants) any recovery or further participation in the proceeds to be derived from another sale of the land. From this judgment the plaintiffs below have appealed.
The sole question presented is whether the trial court, in the judgment herein *845
appealed from, complied with the decision and judgment of the Court of Civil Appeals reported in
The appellants present five points urging, in substance, that when the Court of Civil Appeals reversed and remanded the former judgment, "with instructions to proceed as though no sale of the land had been made by the commissioner," the result was that the former sale was held void as to all joint owners of said land; that such owners thereupon held the same interests in said land inherited from their parents, as though no sale had ever been made, and were therefore entitled to participate pro rata in whatever proceeds might be derived from a new sale of the land, less credits against their respective interests of the sums of money paid to them in 1938 as a result of the original sale. That consequently the court erred in denying the sui juris appellants any right to participate in the proceeds to be derived from a resale of the land.
As propositions of law the contentions made by the appellants may be conceded. That is, that when a judgment of the trial court is reversed and remanded for a new trial the trial court is bound by the decision and judgment of the appellate court as the law of the case, and as res adjudicata of the issues determined on the appeal, and should follow the holdings and instructions of the appellate court upon a retrial of the case. The inquiry here presented is whether or not, in the judgment here appealed from, the trial court has complied with the decision and instructions of the Court of Civil Appeals on the former appeal.
Some difficulty arises from the language of that court on the motion for rehearing to the effect "the trial court was instructed (in the order of reversal) to proceed as though no sale had been attempted by the commissioner. When the case again reaches the trial docket and is called for hearing, the court has ample authority to adjust the equities and require a return of the purchase money. Indeed, its return is demanded by the reversal. Peticolas v. Carpenter,
In the light of such circumstances, the trial court was clearly authorized to find, and so adjudge, that the sui juris appellants had no equitable right to participate in the proceeds to be derived from a subsequent sale. The Amarillo Court definitely decided that they had no legal right to complain. The land, as to them, had already been sold at a fair price, without fraud, in good faith, the purchase money paid to and accepted by them in 1938. Merely because it was invalid as to the ward's interest, and that subsequent to their acceptance of a fair price for their respective interests in 1938, circumstances then unknown have occurred which thereafter increased the value of the land, affords them no equitable grounds to thereafter participate in such increased value, after they had been paid all their interests were then worth, in good faith, and had accepted same. If, instead of an increase, the value of the land had depreciated, the purchaser in 1938 could not be heard to say that he was entitled to recover from them the difference caused by the depreciation. Obviously the rule should work both ways.
It is our opinion that the trial court in its judgment substantially complied with the judgment and decision of the appellate court in reversing the former judgment.
Finding no error the judgment of the trial court is affirmed.
Affirmed.