Wadsworth v. Cole (265 S.W.2d 628, 1954)

HAMILTON, Chief Justice.

This is an appeal from an order of the' judge of the 68th District Court, Dallas County, appointing a receiver 'to take charge of two certain pieces of real estate located on Haskell Avenue in the city of Dallas, one piece of real estate being an apartment house and the other being a filling station. The defendant, Vicki Wads-worth, appellant herein, was the only defendant to except to the order appointing the ■ réceivér. She gave notice of appeal, perfected the appeal- and filed sup'ersedeas bond,' and the appointment is now in this court for review. '

Legal title to .both pieces of real estate over which the trial court appointed a .re-, ceiver had been in the estate of-Robert. C. Scripture,. deceased, who died intestate in 1935. The administration of his estate was obtained by.W. H. Wadsworth in August 1935.. Legal title now stands in the name of Vicki. Wadsworth, appellant, the divorced wife of W. H. Wadsworth, the former ad-, ministrator. The--application-for the.appointment of the receiver was ancillary to a suit,filed by. Mildred,Scripture ,Cole, joined by. her husband, F; R. Cole, as devisee un-, de.r the -will of Lillian Scripture Brown, deceased,. who was sole heir .of Robert C. Scripture, deceased. The defendants in such suit .were W. H.. Wadsworth,. Vicki. Wadsworth and. W. I. Wernley. In such suit Mildred.Scripture Cole sought to impress a trust on the properties involved in favor of the estate of Robert C. Scripture, deceased. She also sought to have -the legal title ,to said property-to be decreed to. be irf the estate of Robert C. Scripture free, from any liens or encumbrances whatsoever, and to recover all rents and revenues, received from the property by the defendants. Appellee Charles Romick was made party, plaintiff,' he .having received;a conveyance -of an undivided one-half interest in and to-said estate from appellee Mildred .Scripture Cole. Upon 'a hearing ■ before the trial: court it was developed that the estate taken-over by W. H. Wadsworth as administrator consisted principally of four tracts of land, one known as the apartment house, one as the filling station, one as-the “Stand” and the other as undeveloped river land. The first three tracts were income bearing, while the river land was not. Indebtedness owed by said estate, was something over $9)000, some of which was secured and some of which was not secured.

By deed dated February 1936 W. H. Wadsworth, Administrator, by order of the Probate Court conveyed ■ the property known as the apartment house to the Mortgage Bond Company in New York, in consideration of the cancellation of .debt and mortgage against the property. .The propr erty .was subsequently conveyed to the Southwall Corporation, which in turn com veyed the property to James A. Smith. By deed dated May 1, 1941, James A. Smith, et ux., conveyed said apartment house to appellant Vicki Wadsworth, then the-wife of said administrator, for a total consideration of $5,800, the deed reciting $400 paid in cash out of -the separate funds' of the' vendee, Vicki WadswOrth'."' Pursuant ‘to the order of the Probate Court Administrator W.- 'H. Wadsworth by administrator’s deéd dated September 15, ‘ 193