Colonel Kent Scott Coker v. Frederic W. Geisendorff and Wife, Billie G. Geisendorff

Summary

The Texas Court of Appeals at Texarkana reviewed a judgment notwithstanding the verdict awarding the Geisendorffs title to a 131-acre tract against Coker. The court held that the Geisendorffs conclusively established a regular chain of title from the State of Texas and sufficiently identified the tract on the ground, despite a dispute over the location of an old road forming part of its boundary. The court affirmed the judgment.

Holdings

1. The Geisendorffs conclusively proved a regular and uninterrupted chain of title from the State of Texas to the 131-acre tract; therefore, the trial court properly granted judgment notwithstanding the verdict on the jury's contrary finding.
2. The Geisendorffs provided sufficient evidence to identify the 131-acre tract on the ground with reasonable certainty, and the unresolved dispute over the precise location of the old Tyler and Porters Bluff Road was not dispositive of the competing title claims against Coker.
3. The judgment notwithstanding the verdict was proper because the evidence conclusively established the Geisendorffs' title and sufficiently identified the property, despite the jury's contrary answers.

Questions Presented

1. Whether the trial court properly disregarded the jury's finding that the Geisendorffs failed to prove a valid chain of title to the called 131-acre tract.
2. Whether the trial court properly disregarded the jury's finding that the Geisendorffs failed to prove the actual location on the ground of the boundaries of the 131-acre tract.
3. Whether the judgment notwithstanding the verdict awarding the Geisendorffs title to and possession of the 131-acre tract was proper as to Coker.

Disposition

affirmed