{"id":12949,"date":"2026-08-10T01:56:08","date_gmt":"2026-08-10T06:56:08","guid":{"rendered":"https:\/\/agrilife.org\/texasaglaw\/?p=12949"},"modified":"2026-08-07T13:48:48","modified_gmt":"2026-08-07T18:48:48","slug":"hollis-land-dispute-h","status":"publish","type":"post","link":"https:\/\/agrilife.org\/texasaglaw\/2026\/08\/10\/hollis-land-dispute-h\/","title":{"rendered":"Court Considers Ranch Ownership Dispute Between Family Members"},"content":{"rendered":"

In Hollis v. Hollis<\/em><\/a>,\u00a0the Texarkana Court of Appeals considered the question of who owned a ranch when mother and son disagreed.<\/p>\n

\"\"<\/a>

Cattle in pasture \/ (Hannah Harrison\/Texas A&M AgriLife)<\/em><\/p><\/div>\n

Background<\/span><\/b>\u00a0<\/span><\/p>\n

This lawsuit involves an ownership dispute over a 304-acre ranch (“the Ranch”) in Titus County.\u202f The\u00a0Ranch was\u00a0purchased\u00a0in 1978 by Wayford and Reba Hollis,\u00a0husband\u00a0and wife.<\/span>\u00a0<\/span><\/p>\n

According to their son, Robert, there was an oral agreement between Wayford and Robert that Wayford would\u00a0purchase\u00a0the Ranch, and Robert would stock it with his cattle, manage the operations, and repay Wayford with all proceeds from the cattle sales. Robert claimed\u00a0their agreement was that once the property lien note was paid off, Robert would own 1\/2 interest in the Ranch, and he would inherit the other 1\/2 interest at Wayford’s death. Robert’s wife, Sherry, testified that he told her of this oral agreement at the time it was made, and paperwork with the USDA\u00a0signed by both parties\u00a0indicated\u00a0Robert and Wayford were 50\/50 partners in the operation.<\/span>\u00a0<\/span><\/p>\n

Reba testified she and\u00a0Wayford\u00a0were close and discussed major decisions. She denied there was ever an oral agreement between Robert and Wayford and testified she had never\u00a0heard anything about it.\u202f\u00a0Instead, she testified that she and Wayford purchased the Ranch because they did not have a retirement program.\u00a0She says Wayford found the Ranch,\u00a0and Robert was not involved in the conversation\u00a0or decision to\u00a0purchase.<\/span>\u00a0<\/span><\/p>\n

Robert said he\u00a0brought his cattle to the\u00a0Ranch and moved into\u00a0the old\u00a0house\u00a0on the Ranch\u00a0in 1980.\u202f Reba said\u00a0that Wayford purchased the cattle to put on the\u00a0Ranch and denies that Robert brought his own cattle with him.\u00a0She also denied\u00a0that money from the cattle sales paid the note on the Ranch.<\/span>\u00a0<\/span><\/p>\n

Later, Robert and Sherry moved a trailer onto the\u00a0Ranch.\u202f When\u00a0the\u00a0herd grew to over 100\u00a0head,\u00a0Robert\u00a0leased\u00a0additional\u00a0land.\u202f Cattle were sold primarily at the Hollis Family Production Sale, and the proceeds from the larger cattle sales went to Wayford.\u202f Some smaller cattle sale income went to the Ranch’s business account to pay\u00a0expenses.\u202f Financial records show that Robert paid Wayford $823,785 in cattle income from 1978-2000. Wayford paid Robert a small salary from 1981-1999, totaling $185,785.<\/span>\u00a0<\/span><\/p>\n

The property\u00a0lien\u00a0was released in 1993.\u202f Shortly after this, Robert and Sherry built a new $450,000 house on the property. Reba knew they were building a house before they broke ground, and she never objected, told them to stop, or claimed they were\u00a0building on\u00a0her property. Reba did, however, help hang wallpaper in the house.\u202f\u00a0After the house was built, Reba told\u00a0Robert to\u00a0survey off\u00a0an area for the\u00a0house\u00a0and they would deed it to him.<\/span>\u00a0<\/span><\/p>\n

Their Ranch partnership was dissolved in 2000, and Robert said Wayford received the cattle\u00a0located\u00a0in\u00a0Louisiana\u00a0and Robert received the cattle on the Ranch and assumed $180,000 in notes related to the Ranch operation.\u202f Reba denied\u00a0this, claiming that Wayford intended to sell the\u00a0Ranch prior to his death, and that he had a will prepared but did not say anything\u00a0to her\u00a0about an agreement with Robert about the Ranch.<\/span>\u00a0<\/span><\/p>\n

Wayford died in 2005.\u202f\u00a0His\u00a0will\u00a0left\u00a0“all of the farm property and all improvements thereon situated and belonging, located in Titus County, TX” to Robert.\u202f\u00a0Robert said\u00a0this language was his father keeping his word under their oral agreement.\u202f Robert said\u00a0when the will was read, he told Reba and his sisters that he already owned 1\/2 the\u00a0Ranch, and after the will, owned the full 100%.\u202f Robert replaced the fence around the Ranch twice since Wayford’s death.<\/span>\u00a0<\/span><\/p>\n

Robert’s sister, Lisa, testified that Robert never mentioned an agreement when they met with the attorney after Wayford’s death.\u202f She also testified she talked to Robert about Reba needing to sell some of the\u00a0Ranch.\u202f Robert said he did not want her to do that because it was how he made his living, and he wanted to leave it to his children.\u202f He did not say anything about an agreement with their father to buy it.<\/span>\u00a0<\/span><\/p>\n

After Wayford’s death, Reba tried to sell the Ranch twice.\u202f She executed a listing agreement in\u00a02013,\u00a0and\u00a0said she did not\u00a0reall<\/span>y\u00a0intend\u00a0to<\/span>\u00a0sell it, but wanted to\u00a0ascertain\u00a0the value.\u202f In 2015, she called Robert to tell him she would give him something for the house, but she intended to sell the Ranch because she needed money.\u202f At that point, Robert and Sherry filed\u00a0suit.<\/span>\u00a0<\/span><\/p>\n

Litigation<\/span><\/b>\u00a0<\/span><\/p>\n

Robert and Sherry filed a trespass to try\u00a0title\u00a0suit.<\/span>\u00a0<\/span><\/p>\n

The jury sided with Robert and Sherry finding:<\/span>\u00a0<\/span><\/p>\n

(1) Wayford and Robert entered into an oral agreement that Robert would manage the\u00a0Ranch and pay Wayford all\u00a0proceeds\u00a0from\u00a0sale\u00a0cattle.\u202f When the note was paid, Robert would own 1\/2 of the Ranch and at Wayford’s death, he would get the other 1\/2.<\/span>\u00a0<\/span><\/p>\n

(2) Robert and Sherry completed performance of the oral agreement by paying consideration, taking possession, and making permanent and valuable improvements\u00a0on\u00a0the Ranch.<\/span>\u00a0<\/span><\/p>\n

(3) Reba was bound by the oral agreement because her name was on the deed, she was aware of the agreement being performed, and she\u00a0was aware of the improvements at the time they were made.<\/span>\u00a0<\/span><\/p>\n

(4) Reba received and accepted payment from the\u00a0cattle\u00a0sales with full knowledge or notice of the facts of the oral agreement.<\/span>\u00a0<\/span><\/p>\n

(5) Wayford fully\u00a0complied with\u00a0the oral agreement.<\/span>\u00a0<\/span><\/p>\n

(6) Robert and Sherry held peaceable and adverse\u00a0possession\u00a0and made use of the Ranch for 10 years after January 1, 1980.<\/span>\u00a0<\/span><\/p>\n

(7) Robert and Sherry committed acts after 1993 that unmistakably asserted a claim of ownership.<\/span>\u00a0<\/span><\/p>\n

(8) Robert and Sherry completed\u00a0performance\u00a0of the oral agreement in 1993.<\/span>\u00a0<\/span><\/p>\n

The jury\u00a0awarded Reba $9,000 on her counterclaim of payment of taxes on the Ranch but dismissed Reba\u2019s\u00a0remaining claims.\u00a0The court entered judgment for Robert and Sherry and\u00a0ord<\/span>ered title\u00a0be<\/span>\u00a0<\/span>granted to them.<\/span>\u00a0<\/span><\/p>\n

Reba appealed.<\/span>\u00a0<\/span><\/p>\n

Court of Appeals Opinion<\/span><\/b>\u00a0<\/span><\/p>\n

The Texarkana Court of Appeals\u00a0<\/span>affirmed<\/span><\/a>.<\/span>\u00a0<\/span><\/p>\n

Disjunctive Instruction<\/span><\/p>\n

First, Reba argued that the jury should have had the two claims–ownership by oral agreement and ownership by adverse possession–submitted\u00a0disjunctively.\u202f\u00a0She claimed these were mutually exclusive theories, and if the jury found an oral agreement, the jury could\u00a0not also\u00a0find adverse possession.\u202f The court disagreed.<\/span>\u00a0<\/span><\/p>\n

The court explained that where an oral agreement is alleged, that does not automatically\u00a0preclude\u00a0a finding\u00a0of adverse possession.\u202f The fact that the\u00a0initial\u00a0entry may have been permissive does not\u00a0preclude\u00a0a claimant’s possession from becoming adverse\u00a0at a later date.\u202f Because of this, it\u00a0was not factually consistent for Robert and Sherry to advance both the oral agreement and adverse\u00a0possession\u00a0causes of action.<\/span>\u00a0<\/span><\/p>\n

Adverse Possession Findings\u00a0<\/span><\/p>\n

Next, Reba argued\u00a0several\u00a0insufficiencies related to the\u00a0jury\u00a0instructions on adverse possession.\u202f However, because she\u00a0failed to\u00a0challenge that adverse possession findings, the errors of which she complained were harmless. In other words, the court rejected these claims on a\u00a0technicality\u00a0based on Reba’s appellate arguments.<\/span>\u00a0<\/span><\/p>\n

Limitation on Voir Dire\u00a0<\/span><\/p>\n

Reba claimed that the court improperly limited her voir dire questions related to Sherry’s brother, a prominent\u00a0businessman\u00a0in the community. Robert and Sherry filed a motion to exclude mention or reference to Sherry’s brother.\u202f The trial court granted that motion after it confirmed the brother would not be a witness in the case but allowed general questioning about whether jurors knew Sherry’s family members.\u202f Reba claimed that her inability to question jurors about their knowledge of or relationship\u00a0to\u00a0the brother, she was unable to obtain an impartial jury.\u202f The appellate court disagreed, finding that the court struck\u00a0an appropriate balance\u00a0between allowing Reba to ask questions while not informing the entire jury panel that Sherry was the sister of a prominent and influential person in the community.\u202f Also, Reba did not propose a different method of inquiry to avoid the issues of which she now complained.<\/span>\u00a0<\/span><\/p>\n

Conclusion\u00a0<\/span><\/p>\n

Thus, the trial court decision was affirmed, and title to the Ranch was ordered to be granted to Robert and Sherry.\u202f\u00a0Reba sought review at the Texas Supreme Court, but her petition was denied.<\/span>\u00a0<\/span><\/p>\n

Key Takeaways<\/span><\/b>\u00a0<\/span><\/p>\n

Although the appellate\u00a0court\u00a0opinion was based primarily on pleading issues and technicalities, the facts here illustrate\u00a0several\u00a0important takeaways.<\/span>\u00a0<\/span><\/p>\n

First, all agreements should be in writing.\u202f A lot of argument, time, and money could\u00a0likely have\u00a0been avoided in this case had\u00a0Wayford\u00a0and Robert entered into a written agreement when the land was\u00a0purchased.\u202f This type of agreement would protect both sides from this type of litigation.\u00a0\u00a0This is particularly important when agreements involve large sums of money or assets with high values, such as the land and cattle in this case.\u00a0<\/span>\u00a0<\/span><\/p>\n

Second, it is important for landowners to remember if anyone is using your land who does not have an ownership interest in the\u00a0land,\u00a0legal action should be considered quickly.\u202f Adverse\u00a0possession\u00a0law can result in loss of ownership of land if a landowner\u00a0fails to\u00a0act while\u00a0a person\u00a0uses\u00a0their land without permission for a certain\u00a0period of time\u00a0(and other factors are met).\u202f To the\u00a0extent\u00a0anyone is on your property without permission,\u00a0take action to avoid\u00a0this type of issue.<\/span>\u00a0<\/span><\/p>\n

Third, oral agreements about who will inherit at a person’s death are invalid.\u202f Texas law does not recognize oral wills.\u202f The fact that Wayford told Robert he would inherit the other half of the land at death would not, alone, have been enforceable.\u202f Here, Wayford had a will that provided the same, which resulted in ownership being granted to Robert.\u202f Without that will, however, that\u00a0oral promise\u00a0regarding\u00a0the inheritance\u00a0would have\u00a0most likely been\u00a0unenforceable.<\/span>\u00a0<\/span><\/p>\n

Fourth, family members certainly can end up in legal disputes with each other.\u202f At presentations, people are often shocked when friends or family members sue each other.\u202f It happens more often than most people realize.\u202f\u00a0Even if you are entering into an agreement or contract with a family member, put it in writing to protect your legal rights and the relationship should things go wrong.<\/span>\u00a0<\/span><\/p>\n","protected":false},"excerpt":{"rendered":"

In Hollis v. Hollis,\u00a0the Texarkana Court of Appeals considered the question of who owned a ranch when mother and son disagreed. Background\u00a0 This lawsuit involves an ownership dispute over a 304-acre ranch (“the Ranch”) in Titus County.\u202f The\u00a0Ranch was\u00a0purchased\u00a0in 1978 by Wayford and Reba Hollis,\u00a0husband\u00a0and wife.\u00a0 According to their son, Robert, there was an oral agreement between Wayford and Robert that Wayford would\u00a0purchase\u00a0the Ranch, and Robert would stock it with his cattle, manage the operations, and repay Wayford with all proceeds from the cattle sales. Robert claimed\u00a0their agreement… Read More →<\/a><\/span><\/p>\n","protected":false},"author":2444,"featured_media":16393,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"_monsterinsights_skip_tracking":false,"footnotes":""},"categories":[37,72],"tags":[],"class_list":["post-12949","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-adverse-possession","category-purchasing-property"],"acf":[],"yoast_head":"\nCourt Considers Ranch Ownership Dispute Between Family Members - Texas Agriculture Law<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/agrilife.org\/texasaglaw\/2026\/08\/10\/hollis-land-dispute-h\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Court Considers Ranch Ownership Dispute Between Family Members - Texas Agriculture Law\" \/>\n<meta property=\"og:description\" content=\"In Hollis v. Hollis,\u00a0the Texarkana Court of Appeals considered the question of who owned a ranch when mother and son disagreed. Background\u00a0 This lawsuit involves an ownership dispute over a 304-acre ranch (“the Ranch”) in Titus County.\u202f The\u00a0Ranch was\u00a0purchased\u00a0in 1978 by Wayford and Reba Hollis,\u00a0husband\u00a0and wife.\u00a0 According to their son, Robert, there was an oral agreement between Wayford and Robert that Wayford would\u00a0purchase\u00a0the Ranch, and Robert would stock it with his cattle, manage the operations, and repay Wayford with all proceeds from the cattle sales. Robert claimed\u00a0their agreement... 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Hollis,\u00a0the Texarkana Court of Appeals considered the question of who owned a ranch when mother and son disagreed. Background\u00a0 This lawsuit involves an ownership dispute over a 304-acre ranch (“the Ranch”) in Titus County.\u202f The\u00a0Ranch was\u00a0purchased\u00a0in 1978 by Wayford and Reba Hollis,\u00a0husband\u00a0and wife.\u00a0 According to their son, Robert, there was an oral agreement between Wayford and Robert that Wayford would\u00a0purchase\u00a0the Ranch, and Robert would stock it with his cattle, manage the operations, and repay Wayford with all proceeds from the cattle sales. Robert claimed\u00a0their agreement... 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