Jones v. Smith

OPINION

EVA M. GUZMAN, Justice.

In this action to quiet title, two adverse parties claim to have purchased a house in Galveston; to have paid taxes on the property; and to have received — and lost — an unrecorded deed. Each party also obtained and recorded a replacement deed. Because the trial court’s findings of fact and conclusions of law demonstrate that judgment was rendered based on an erroneous theory of law rather than the resolution of the conflicting evidence, we do not imply factual findings in support of the judgment, but instead, reverse and remand.

I. Factual and Procedural…