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Mitchell v. Mitchell

The trial court chose the most equitable solution to a conflict involving five children and five lots when the trial court awarded defendants the property upon which their house was located, even though they built the house on the wrong lot.

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Gene Mitchell owned land in Lamar County. He died in 1991. Seven years before his death, Gene drew a diagram of the property showing how he intended to divide it equally among his children. Pursuant to that diagram, Gene deeded five acre parcels of land to each one of his five children. Thereafter, Gene showed Richard the land upon which he wanted Richard to build a house. Richard built a house on the parcel of land which his father showed him. Gene and some or all of Richard’s siblings helped Richard build the house; no one ever told Richard to stop building the house.

A few months after Gene died, Richard’s siblings claimed that Richard built his house on the wrong lot. They filed suit in 1997 against Richard and his wife for declaratory and equitable relief. Defendants counterclaimed for damages to be awarded in the “enlightened conscience” of the jury.

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