Wolfe v. Dyer

Decision Date04 June 1888
Citation8 S.W. 551,95 Mo. 545
PartiesWOLFE v. DYER.
CourtMissouri Supreme Court

The description in a deed was: "The following described tract or parcel of land, the north-east quarter and the west half of the south-east quarter and the east half of the east half of the south-west quarter of section" 36, township 48, range 26, — without any punctuation. The deed contained no statement of quantity, but reserved possession until a fixed time, with certain crops grown on the land that season. By one construction, the deed would convey 160 acres, being the N. E. ¼ of the S. E. ¼ of section 36, and the W. ½ of the S. E. ¼ section 36, and the E. ½ of the E. ½ of the S. W. ¼ section 36, the lands of which grantors were in possession, and which they surrendered to grantee, including the land in controversy. By another construction, it would convey the N. E. ¼ section 36, of which grantors were not in possession, and did not own, and the E. ½ of the E. ½ of the S. W. ¼ section 36; in all 280 acres. Held, that the former construction should prevail.

2. SAME — RECORDATION — NOTICE TO PURCHASERS.

In such case, the deed being recorded, a subsequent purchaser has notice, as the deed itself would lead him to investigate the facts bearing upon its construction.

3. EQUITY — DECREE — EFFECT.

A subsequent mortgagee, for his own protection, paid a prior mortgage, and was by a decree, to which defendant, who was the mortgagor's grantee, was a party, subrogated to the rights of the prior mortgagee; whereupon defendant paid the amount decreed. Plaintiff, receiving a deed to a portion of the land from the mortgagors, and believing the same not included in defendant's deed, brought ejectment. Held, that said decree, being for no other purpose than that of subrogation to the lien aforesaid, did not establish title in defendant.

Error to circuit court, Cass county; NOAH M. GIVAN, Judge.

Ejectment by Thomas Wolfe against James D. Dyer, to recover the possession of the N. E. ¼ of the S. E. ¼ section 36, township 48, range 26, in Johnson county. The action was begun in Johnson county, and transferred to Cass, where there was judgment for defendant, from which plaintiff appealed.

B. G. Thurman and Railey & Burney, for plaintiff in error. Cockrell & Suddath, for defendant in error.

BLACK, J.

This was an action to recover the N. E. ¼ of the S. E. ¼ of section 36, township 48, range 26, in Johnson county. Both parties claim title from Harriet C. Horne, wife of Amos Horne. She owned the property as her general, not separate, estate. The history of the title is as follows: In 1874, Horne and wife made a mortgage on this and other land, in all 160 acres, to secure a debt owing to Johnson county. Thereafter, and in 1879, they made a deed of trust on the 160 acres to secure a debt to Jacob Taggart. Taggart, in order to protect his deed of trust, paid the prior incumbrances in favor of the county. Horne then paid the debt secured by the Taggart deed of trust, but refused to pay him the amount he had paid in discharge of the county debt. While matters stood in this shape, Horne and wife, by a written contract, sold the 160 acres to the defendant, James D. Dyer, for the agreed consideration of $2,400; and on the 9th April, 1880, they made a warranty deed to Dyer, intending thereby to convey the 160 acres. This deed was acknowledged and recorded on the day of the date thereof. After this, and before the payment of the purchase money, Taggart brought a suit in equity against Dyer, Horne, and his wife, asking to be subrogated to the rights of the county in the county mortgage for the amount he had paid in the discharge of that debt. The suit resulted in giving him a lien on the land for $1,045.18. Dyer, with the consent of Horne and wife, paid the amount adjudged to be due Taggart, deducted it from the purchase price, and paid the Hornes the residue. After all this, Dyer concluded there was a mistake in his deed as to the description of the 40 acres now in suit. He requested the Hornes to execute a deed of correction; but, instead of doing this, they made a quitclaim deed of the 40 acres to Wolfe, the present plaintiff, dated in 1884. The defendant in this suit, by his answer, admits possession, and...

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35 cases
  • Black v. Banks
    • United States
    • United States State Supreme Court of Missouri
    • March 31, 1931
    ...contained or recited in the record deeds constituting the chain of title under which he holds. Freeman v. Moffit, 119 Mo. 302; Wolf v. Dyer, 95 Mo. 545; Jacobsmyer Jacobsmyer, 88 Mo.App. 102; McDonald v. Quick, 139 Mo. 484; Loving v. Groomer, 110 Mo. 632; Wade on Notice (2 Ed.) secs. 308, 3......
  • Willis v. Robinson
    • United States
    • United States State Supreme Court of Missouri
    • February 9, 1922
    ...used. Warne v. Sarge, 258 Mo. 162; Elsea v. Smith, 273 Mo. 412; Bernero v. McFarland, 134 Mo.App. 290; Long v. Tims, 107 Mo. 512; Wolf v. Dyer, 95 Mo. 545; Hardy v. Matthews, 38 Mo. 121; Carter Foster, 145 Mo. 383; 2 Devlin on Real Estate (3 Ed.), p. 1526; 18 C. J. p. 260, 311; Tiedeman on ......
  • State ex rel. State Highway Com'n v. Union Elec. Co. of Missouri
    • United States
    • United States State Supreme Court of Missouri
    • March 13, 1941
    ......Ry. Co., 153 Mo. 534, 54 S.W. 689;. Carter v. Foster, 145 Mo. 497, 47 S.W. 6; Ellis. v. Harrison, 104 Mo. 279, 16 S.W. 198; Wolfe v. Dyer, 95 Mo. 545, 8 S.W. 551; Union Depot Co. v. Railroad, 131 Mo. 305, 31 S.W. 908; Patterson v. Camden, 25 Mo. 21, 8 S.W. 167; Blumenthal v. ......
  • State ex rel. Highway Comm. v. Union Elec. Co., 37195.
    • United States
    • United States State Supreme Court of Missouri
    • March 13, 1941
    ......1550; Williams v. Ry. Co., 153 Mo. 534, 54 S.W. 689; Carter v. Foster, 145 Mo. 497, 47 S.W. 6; Ellis v. Harrison, 104 Mo. 279, 16 S.W. 198; Wolfe v. Dyer, 95 Mo. 545, 8 S.W. 551; Union Depot Co. v. Railroad, 131 Mo. 305, 31 S.W. 908; Patterson v. Camden, 25 Mo. 21, 8 S.W. 167; Blumenthal v. ......
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