law-deeds | forged deed | lost deed | validity of written instrument | void or voidable contracts |

The construction of an unambiguous deed is a question of law for the court.  Luckel v. White, 819 S.W.2d
459, 461 (Tex. 1991).  In construing deeds, our primary objective is to ascertain the intent of the parties
from all of the language in the deed.  See id.  To ascertain the parties’ true intention, we examine all of
the deed’s language.  Id.  That intention, when ascertained, prevails over arbitrary rules of construction.  
Id. at 462.

An
equitable suit to quiet title is not subject to limitations if a deed is void. Ford v. Exxon Mobil Chem. Co.,
235 S.W.3d 615, 618 (Tex.2007). If a deed is voidable, however, then the four-year statute of limitations
controls. See id. (noting that when a deed is merely voidable, equity will not intervene because claimant
has an adequate remedy at law); see also Slaughter v. Qualls, 139 Tex. 340, 345, 162 S.W.2d 671, 674
(1942) (stating that four-year statute of limitations applies to deeds that are voidable).

DEEDS

Houchins v. Devon Energy Production Co. (Tex.App.- Houston [1st Dist.] Oct. 15, 2009)(Massengale)
(In this appeal, we must determine whether the language of a deed is ambiguous and whether the deed
reserved mineral rights to the grantor. The district court held the deed unambiguously reserved to the
grantor all the minerals. We affirm)(
interpretation of deed language)
AFFIRM TRIAL COURT JUDGMENT: Opinion by
Justice Massengale   
Before Chief Justice Radack, Justices Bland and Massengale    
01-08-00273-CV  Cynthia A. Houchins and Darrell E. Houchins v. Devon Energy Production Co., L.P.    
Appeal from 18th District Court of Johnson County
Trial Court Judge: Hon. John Edward Neill
l
Kalina v. Burns (Tex.App.- Houston [14th Dist.] Jul. 23, 2009)(Hedges)(probate law: mental capacity of
testator to convey real estate property,
undue influence, void deed, claim of ,jury charge error)
AFFIRMED: Opinion by Chief Justice Hedges   
Before Chief Justice Hedges, Justices Brock Yates and Frost  
14-08-00589-CV  Larry Kalina, Diane Kalina and Clint Kalina v. Cody Will Burns, Individually and as
Administrator of the Estate of Karen Dean Burns, Deceased   
Appeal from 12th District Court of Madison County

Dace v. Dace (Tex.App.- Houston [1st Dist.] July 31, 2008)(Higley)
(
dispute over estate, no breach of contract, deed, undue influence, testamentary capacity)
(evidence insufficient to support jury’s finding that Harry entered into a written agreement with his parents
to purchase the business)
AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND RENDER JUDGMENT:
Opinion by
Justice Higley  
Before Justices Taft, Hanks and Higley
01-05-00832-CV        Marvin Harry Dace, Jr. v. Tommy Dace, Independent Executor of the Estate of
Marvin Harry Dace, Sr., Deceased
Appeal from County Court at Law No 1 & Probate Court of Brazoria County
Trial Court Judge: Hon. Jerri Lee Mills

Karen McCright v. Rodriguez (Tex.App.- Houston [1st Dist.] June 26, 2008)(Jennings)
(
real estate law, property dispute, foreclosure, deed)
AFFIRM TC JUDGMENT: Opinion by Justice Jennings  
Before Chief Justice Radack, Justices Jennings and Bland)
01-07-00480-CV        Karen McCright v. Josh Rodriguez and Emmett Sterling Huff
Appeal from 125th District Court of Harris County
Trial Court
Judge: Hon. John Coselli  

Kindsfather v. Green (Tex.App.- Houston [1st Dist.] May 22, 2008)(Taft)(real estate law, forged deed)
AFFIRM TC JUDGMENT: Opinion by Justice Taft  
Before Justices Taft, Keyes and Alcala
01-06-01111-CV Ray Kindsfather v. Frank Green
Appeal from 113th District Court of Harris County
Trial Court Judge:
Hon. Patricia Hancock

Mark McCoy v. Rogers (Tex.App.- Houston [1st Dist.] May 31, 2007)(Radack)
[suit to set aside constable sale deed, notice issue]
AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack
Before Chief Justice Radack, Justices Keyes and Higley
01-06-00240-CV
Mark McCoy v. Renee Rogers and Timothy Rogers
Appeal from 165th District Court of Harris County (Hon. Elizabeth Ray)


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