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624 S.W.2d 264

Ervin v. Ervin

Court of Appeals of Texas

Decided September 24, 1981

Court of Appeals of Texas · decided 1981-09-24

Cited by 4 later decisions — most recently July 1994

4 state decisions

Relies on Anderson v. Gilliland

Good law ✅— No negative treatment on recordhow we know

Decided 1981-09-24

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¶1ON REHEARING

¶2Appellant’s motion for rehearing contends that this Court erred in finding that her quitclaim deed released all of her claims, as of its date of execution, for reimbursement for any enhancement in the value of the property described in that instrument. She cites the recent case of Anderson v. Gilliland, 624 S.W.2d 243 (Tex.Civ.App.—Dallas 1981) in which the Dallas Court held that:

(N)o matured right of equitable reimbursement for community expenditures on separate property arose until dissolution of the community. It follows, therefore, that the quitclaim deed at the time of execution and delivery conveyed nothing. ...

¶3We respectfully disagree with that holding. The Ervins were separated when she executed the quitclaim deed which provided:

That I, Patsy Ervin ... do by these presents BARGAIN, SELL, RELEASE, AND FOREVER QUITCLAIM unto the said Gary D. Ervin, as his sole and separate property, his heirs and assigns, all my right, title and interest in and to that certain tract (describing the land) ... TO HAVE AND TO HOLD the said premises, together with all and singular the rights, privileges and appurtenances thereto in any manner belonging unto the said Gary D. Ervin, his heirs and assigns forever, so that neither I the said Patsy Ervin nor my heirs, nor any person claiming under me shall, at any time hereafter, have, claim, or demand any right or title to the aforesaid premises or appurtenances, or any part thereof.

¶4We hold that appellant’s claim for reimbursement (as to the improvements made up to that date) was sufficiently matured to constitute a claim against appel-lee’s land and that this claim was released by the quitclaim deed.

¶5The motion for rehearing is overruled.

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