Anderson v. King

• Decision Date: 16 December 1958
• Docket Number: No. 49608,49608
• Parties: Irene ANDERSON, Appellant, v. Elsie KING, Appellee.
• Court: Iowa Supreme Court

Page 762

93 N.W.2d 762

250 Iowa 208

Irene ANDERSON, Appellant, v. Elsie KING, Appellee.

No. 49608.

Supreme Court of Iowa.

Dec. 16, 1958.

Bray, Carson & McCoy, of Oskaloosa, for appellant.

Tomasek & Vogel, of Grinnell, for appellee.

WENNERSTRUM, Justice.

Plaintiff's action in equity against the defendant sought the reformation of a deed claiming it was the result of alleged legal fraud, accident or mutual mistake. Plaintiff claimed a one-third interest in an 80 acre improved farm and sought partition of it. The defendant denied the allegations of plaintiff relative to fraud, accident or mistake and contended any interest the plaintiff may have had, if any, at any time is now barred by laches, the statute of limitations, and by ratification on behalf of the plaintiff. The trial court held the action was barred by both the statute of limitations and laches. By reason of this holding it made no determination relative to the claim of fraud, accident or mutual mistake in connection with the execution and delivery of the deed to which reference will be hereafter made. The trial court dismissed the plaintiff's action and entered judgment against her for costs. She has appealed.

The plaintiff is the daughter and only child of J. R. King and Jessie King. They are now both deceased. On September 7, 1939 J. R. King and Jessie King, then husband and wife, entered into a written contract with one M. D. Curtis for the purchase of an improved 80 acre farm in Jasper County, Iowa. This contract shows it was entered into '* * * between M. D. Curtis of the County of Poweshiek and State of Iowa, party of the first part, and J. R. King and Jessie King, husband and wife, of the County of Poweshiek in the State of Iowa, party of the second part:'. The contract further provided: 'But if all said sums of money, interest and taxes are paid, as aforesaid, promptly at the time aforesaid, and all agreements on the part of the said party of the second part have been complied with, the party of the first part will, on receiving all said money and interest, and upon the surrender of the duplicate of this contract, execute and deliver or cause to be executed and delivered, to said party, his heirs or assigns, a good and sufficient warranty deed, conveying said premises in fee simple * * *.'

The contract purchasers moved on the farm on or about March 1, 1940. The plaintiff daughter resided with her parents on this farm until 1945 when she married Glenn Anderson. She and her husband first lived near Kellogg, Iowa approximately five miles from the King farm. Later they moved to a farm near Grinnell, Iowa which they operated until the spring of 1948. At that time they purchased a farm near Gilman, Iowa approximately fifteen miles from the land in controversy. They were living there at the time of the trial. During the time since her marriage and until her father's death the plaintiff periodically visited at the home of her father.

Sometime in January 1947 Jessie King suffered a stroke and became a patient in a hospital at Grinnell, Iowa where she remained until March 30, 1947. On this latter date she was returned to the farm home where she remained for a period of time but later was taken to a hospital in Grinnell and subsequently to a nursing home in that city. She passed away in this home on August 7, 1947. She left no will and there was no administration of her estate. The record shows as a result of her stroke she had no control of her left side and it was impossible for her to talk or swallow. The trial court found the record did not disclose what her mental condition was during her last illness.

It is shown that as of March 1947 M. D. Curtis had been paid the balance due on the contract of purchase and by reason of that fact he and his wife on March 27, 1947 executed a warranty deed wherein the grantees were referred to as 'J. R. King and Jessie King, husband and wife, or the survivor.' This deed covered the farm property here involved and was made subject to the martgage of record, 'which grantee assumes and agrees to pay, with all interest'. Following the death of Jessie King her husband continued to live on the farm. On July 21, 1948 he married Elsie Rollins, a widow. She is the defendant in the present action. On April 22, 1952 J. R. King and his then wife, Elsie M. King, executed a warranty deed covering the property here involved and wherein the grantees were referred to as 'J. R. King and Elsie M. King, husband and wife, as joint tenants, with right of survivorship, and not as tenants in common.' In the body of the deed the following is set out: 'The purpose of this instrument is to constitute the grantees herein, the owners of said real estate as joint tenants, with right of survivorship, and not as tenants in common.'

Following the marriage of J. R. King and Elsie King they resided on the farm property here involved and asserted all rights of ownership to it. The taxes were paid by them during this period and improvements were made on the home and other property incident to the farm operations. During this period the mortgage indebtedness which had been on this property and as originally incurred by M. D. Curtis and Catherine Curtis was paid and a release was made of these mortgages. J. R. King passed away on May 1, 1957. He died intestate and no administration has been had of his estate.

The trial court found that since the time of the plaintiff's marriage she had lived within a reasonable distance of her father and the real estate involved in this litigation. It also found that at no time subsequent to the death of her mother and prior to the death of her father did she seek to exercise or make any claim to any rights of ownership in regard to the property here in controversy nor did she make any claim to any income therefrom. It is further shown that she did in no way contribute to the payment of the taxes, to the payment of any of the mortgage indebtedness or the cost of any improvements made on the farm property. The court further found that the first actual knowledge the plaintiff obtained of the deeds to which reference has been made was after the death of J. R. King.

It is the contention of the plaintiff in her petition that on the execution of the contract to purchase the property here in controversy J. R. King and Jessie King became the owners of the farm property as tenants in common, that they went into possession of it as such and so continued until the death of Jessie King. She further pleaded that on the death of her mother J. R. King became the owner of one-third of his deceased wife's one-half interest and the plaintiff became the owner of a two-thirds interest in her mother's claimed one-half interest by reason of being her only heir at law. Plaintiff further pleaded that on the death of her mother J. R. King and she became the owners of the property here involved as tenants in common and J. R. King was resultingly the owner of an undivided two-thirds interest therein and the plaintiff became the owner of an undivided one-third interest in the property and said parties here referred to went into possession of the farm property as tenants in common.

Plaintiff, in her petition, further asserted, '* * * if the words 'in hand paid by J. R. King' and the words 'or the survivor' were inserted in said deed by design, it was a legal fraud on Jessie King; that if said words were not inserted in said deed by design, they were inserted therein by mistake of the scrivener thereof; and that said words were inserted in said deed either by said fraud, or by accident, or through a mutual mistake.' Plaintiff further averred that at the time J. R. King executed the deed conveying the real estate in question to himself and Elsie King, as joint tenants with right of survivorship and not as tenants in common he, King, held only an undivided two third interest in the real estate. It is contended the deed as executed by M. D. Curtis and his wife on March 27, 1947 should be reformed to comply with the contract of purchase originally entered into by the Curtises and J. R. King and Jessie King.

The defendants, Elsie King, denied the controversial issues as alleged in plaintiff's petition and specifically pleaded in her answer there is nothing in the original contract indicating whether the real estate was purchased by J. R. King and Jessie King as tenants in common or as joint tenants. Defendant further pleaded in her answer the plaintiff, if she ever had any interest, is now barred by laches, and the statute of limitations. She further asserted the plaintiff's failure to make any claim to the property prior to bringing this action constituted a ratification of the deed previously referred to and is a bar to its reformation.

By reason of the fact the trial...