Hendricks v. Behee - Case Summary

University / Undergraduate
Modified: 22nd Feb 2024
Wordcount: 532 words


Law Expert

Disclaimer: This legal case summary was produced by one of our law experts as an informational resource for law students and professionals researching case law. Any opinions, findings, conclusions or recommendations expressed in this material are those of the authors and do not necessarily reflect the views of LawNix.com.

Cite This

Legal Case Summary

Summary: Deel of trust issue concerning the equitable stereffectation of a property, and whether theplanting of pecan trees constituted waste.


Amos Hendricks (plaintiff) sold a parcel of land to L.A. Behee (defendant) under a deed of trust, though Hendricks continued to live on the property. Later, Behee sold the land back to Hendricks, but retained the rights to the mineral and timber on the property. Beheeā€™s deed to Hendricks stated that Hendricks could not commit waste on the property. Hendricks, however, began planting pecan trees. Behee brought suit, alleging that the planting of the trees constituted waste of the property.


The key issue in this case was the interpretation of 'waste' and how it applies to the specifics of the case. As the property in question had the ongoing utility of a saleable tree timber and mineral interests, the question arose whether the planting of pecan trees by Hendricks constituted the waste prohibited by the two parties' agreement.


The decision reinforced the common-law principal that waste requires a harmful change in the character of the property. The case provided an extension to the understanding of the concept as the ruling established that improvements or changes that do not harm the value of the property or its uses do not constitute 'waste'. In this way, the case of Hendricks v. Behee has profound implications on how property law views improvements done to a property.


The court ruled in favour of Hendricks, stating that the planting of the pecan trees was not waste. The trial court found that the planting of the pecan trees did not damage the property or detract from its value. The court also found no evidence that the trees interfered with any mineral operations. The court, therefore, held that planting the pecan trees was not waste, and Behee had no right to restrain the planting of the trees.


  • Hendricks v. Behee, 127 S.W.2d 934 (Tex. Civ. App. 1939)
  • Black's Law Dictionary (10th ed. 2014).

Journalist Brief

In a nutshell, the case revolved around Hendricks, the property owner who sold land to Behee but later bought it back while Behee retained the right to the timber and minerals present in it. Hendricks planted pecan trees in the land, which Behee opposed, alleging it constituted property 'waste.' However, the court ruled in favour of Hendricks because it did not find that the planting of these trees reduced the property's value or interfered with mineral operations. This case broadened understanding of 'waste', asserting that not all changes to land, especially those that do not reduce the land's value or bothers its uses, constitutes 'waste.'


What is the issue in the case Hendricks v. Behee?

Answer: The issue was whether the planting of pecan trees by Hendricks constitute waste as prohibited in his agreement with Behee.

What was the court's ruling in Hendricks v. Behee?

Answer: The court ruled in favor of Hendricks, asserting that the planting of pecan trees did not constitute waste.

How does the case Hendricks v. Behee impact property law?

Answer: The case advanced understanding of 'waste' in property law, asserting that improvements to a property that do not detract from its value or its uses do not constitute 'waste'.

Cite This Work

To export a reference to this article please select a referencing style below:

Get Academic Help Today!

Encrypted with a 256-bit secure payment provider