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“Does that mean you have to go to court?”
“No.” He shook his head. “At least, not yet. This is a pretrial conference, just the lawyers meeting with the judge, but my attorney said Bea’s not able to establish the chain of title.”
“Because of her quitclaim deed?”
“Exactly. Marianna’s warranty deed proves legal ownership, and her wedding certificate establishes her as Mateo’s lawfully wedded wife.”
“Hopefully, this ends the rumor that Marianna had the baby out of wedlock.”
“One more thing, when Bea’s attorney submitted Mateo and Tina’s January 1899 wedding certificate, he couldn’t furnish any divorce-related document for his first marriage.”
“So technically, Mateo was a bigamist.” My brow shot up. “How will that stand up in court?”
“According to my attorney, bigamy invalidates the second marriage. In the eyes of Texas, Marianna was Mateo’s wife, while Tina was just his mistress with no property rights.” His smile was grim.
“Sounds like Bea doesn’t have a legal leg to stand on.” I sniffed.
“True, as Mateo’s wife and the surviving joint owner, Marianna would’ve inherited the property after his death. But since Mateo went one step further and deeded the property to her, the ownership is airtight.”
“So, you have nothing to worry about.”
“Not quite.” Luke took a deep breath. “I keep thinking about the county clerk’s warning. If Bea’s lived on the property for ten years, she could claim squatters’ rights.”
“And her family’s lived there over a century, right?”
Lips pressed together in a thin line, he nodded. “This pretrial conference could go either way.”
“Wouldn’t you like to be a fly on the wall?”
****
The next afternoon, Luke replaced the receiver, scowling.
“Uh, oh. I know that expression.” I took a deep breath, bracing myself. “What did your attorney say?”
“The county clerk was spot on. Bea claimed squatters’ rights.”
“So, despite the fact that she can’t prove ownership, she could win, anyway?”
“Because her family’s made improvements and planted a vineyard—even though Bea’s let it go to weeds—the court could rule in her favor.” He growled in his throat.
“What happens now?
“The attorney said Bea has to meet five requirements to win.” He counted off on his fingers. “Hostile claim, actual possess—”
“Can you summarize?” I wrinkled my nose.
“Sure.” His eyelids creased in a smile. “Bea meets the first three conditions, but the case hinges on whether her occupation was continuous and exclusive for the past ten years.”
“Wasn’t it?”
“Not exactly.” He grimaced. “She attended school for five of those and technically didn’t inherit the property until four years ago, when her mother passed.”
I chewed my lips. “So, her entire defense rests on timing…”
****
His nostrils flaring as he returned from the mailbox, Luke brandished the envelope.
