Allen v. De Groodt

• Decision Date: 18 March 1889
• Citation: 11 S.W. 240,98 Mo. 159
• Parties: ALLEN et al. v. DE GROODT et al.
• Court: Missouri Supreme Court

11 S.W. 240

98 Mo. 159

ALLEN et al. v. DE GROODT et al.

Supreme Court of Missouri.

March 18, 1889.

ESTATES — RIGHTS OF REMAINDER-MEN — TAX SALES.

1. A purchase by a life-tenant at a sale under a trust deed cannot operate to the disadvantage of the remainder-men.

2. Where the life-tenant was the father of the remainder-men, it will be presumed that his purchase was intended as an advancement to them.

3. A tax suit brought against the life-tenant alone is not binding upon the remainder-men.

4. The three-years statute of limitations, in reference to tax sales, does not begin to run against remainder-men until the death of the life-tenant.

Appeal from circuit court, Pike county; ELIJAH ROBINSON, Judge.

This was an action of ejectment, brought by Jabez J. Allen and Charles F. Bradley against John M. De Groodt and Thomas Page, to recover certain lots in the city of Louisiana. There was a judgment for defendants, and plaintiffs appeal.

W. G. Hammond, Wm. E. Garvin, John M. Matson, and Jas. P. Dawson, for appellants. D. A. Ball and W. O. Gray, for respondents.

SHERWOOD, J.

Ejectment for certain lots in the Fifth addition to the city of Louisiana. Betty Parry is the common source of title, and the plaintiffs are the remainder-men in a conveyance made by Betty Parry in October, 1845; Marshall S. Allen, father of plaintiff J. J. Allen, being created life-tenant by the same instrument. In 1843, Betty Parry had conveyed the land to McQuie, trustee, to secure a debt due McCune, amounting to $1,270, under which deed it was afterwards sold; Marshall S. Allen, life-tenant, being the purchaser, and receiving a deed for the premises in controversy. Years afterwards, the land was sold for taxes in 1880, and the defendants claim through mesne conveyances under the purchase at the tax sale. All the deeds aforesaid were duly recorded. There are three prominent questions in this cause to be decided. The controlling questions thus referred to are these: First, the effect of the sale under the deed of trust, the life-tenant being the purchaser and recipient of the deed; second, the effect of the tax proceedings and sale, the life-tenant being the only party defendant to the tax judgment; and, third, whether the three-years statute of limitation barred the plaintiffs of their action.

1. Marshall S. Allen, being the life-tenant, occupied such relations towards the remainder-men that he could not deal to his own advantage, and to their disadvantage, by buying in the land under the trust deed, and thereby defeat their title, and acquire an independent title of his own. "A release of a right made to a particular tenant for life or in tail shall aid or benefit him or them in remainder." Co. Litt. § 453, p. 267b. Thus it has been ruled that if a tenant for life, after a sale of the property for taxes has occurred, obtains a release to himself of the right thus acquired, he takes under such release according to his title, and the remainder-men according to theirs. Varney v. Stevens, 22 Me. 331. And, if a tenant for life buy in an outstanding incumbrance upon the estate, it will be...