Beach v. Lynn

• Decision Date: 08 June 1923
• Docket Number: No. 23185,23185
• Citation: 299 Mo. 127,252 S.W. 437
• Parties: BEACH v. LYNN et al.
• Court: Missouri Supreme Court

252 S.W. 437

299 Mo. 127

BEACH v. LYNN et al.

No. 23185

Supreme Court of Missouri, Division No. 1

June 8, 1923.

Appeal from Circuit Court, Saline County; Samuel Davis, Judge.

Action by W. H. Beach against Thomas Lynn and others. Judgment for defendants, and plaintiff appeals. Affirmed.

L. D. Tolle, of Kansas City, for appellant. Davis & Woodruff, of Kansas City, for respondents.

GRAVES, P. J.

Action to quiet title. The petition is in an ordinary form for such a case, and involves 80 acres of land in Saline county. Defendant Lynn, although personally served, filed no answer, and as to him judgment was by default. Lee S. Parish, the widow of one Lafayette H. Parish (called L. H. Parish), filed answer in which she alleged that this land was acquired by her husband (now deceased) during their married life, and that she was entitled to a dower interest therein. She avers that her said husband, upon the acquisition of the land, caused the bare legal title to be placed in the name of one F. B. Simmons, and that the said Simmons claimed no actual or beneficial right, title, or interest therein, but held the legal title thereto to the use and benefit of the said Lafayette H. Parish. The answer then further proceeds in this language:

"The said Lafayette H. Parish died on October 31, 1918. On November 1, 1918, a warranty deed conveying the legal title to said real estate from F. B. Simmons to one W. F. Hartman was filed for record in the office of the recorder of deeds of Saline county, Mo., said deed being recorded in said office in Book 167, at page 374. The said W. F. Hartman did not pay any consideration for the conveyance to him of said legal title, and the said W. F. Hartman took and received title to said real estate with knowledge and notice that the said P. B. Simmons was seized of and held the legal title thereto to the use and benefit of said Lafayette H. Parish. The plaintiff herein has received and holds the legal title to said real estate through mesne conveyances from said W. F. Hartman without consideration and with the knowledge and notice that the said F. B. Simmons and W. F. Hartman held and were seized of only the legal title to said real estate, to the use and benefit aforesaid. The said Lafayette H. Parish acquired and became the owner of the actual and beneficial right, title, and interest in and to said real estate, and the said F. B. Simmons became seized of the legal title thereto, to the use and benefit of said Lafayette H. Parish during the marriage between the said Lafayette H. Parish and this defendant, and this defendant has never conveyed or relinquished her right of dower in said real estate, and now has and is entitled to her dower therein. Wherefore, the defendant prays the court to find and decree that she has and is entitled to her dower in said real estate as the widow of the said Lafayette H. Parish, deceased, and that the court hear and determine any and all rights, claims, interests, liens and demands whatsoever of the parties or of one of them concerning or affecting said real estate and award full and complete relief, whether legal or equitable, to the parties hereto, and to each of them as fully and with the same force and effect as the court might or could do in any other or different action brought by the parties or any one of them to enforce any such right, claim, interests or lien or demand and that the court award this defendant such other and further relief as to the court may seem meet and just and that she have judgment for her costs herein."

The widow, as the administratrix of her husband's estate, filed an answer, by which the same issues, among others, were raised. Defendant Phillip Simpson Parish, through William T. Bellamy, guardian ad litem, filed the usual answer. Replies placed all new matters in the answer in issue. The trial court entered of record the following findings of fact and judgment:

"Now, on this 31st day of May, 1921, this cause came on regularly for trial and hearing. Came the plaintiff in person and by counsel, and came Lee S. Parish in person and by counsel, and Lee S. Parish, administratrix of the estate of Lafayette S. Parish, deceased, in person and by counsel, and came defendant Phillip Simpson Parish by his guardian ad litem, William T. Bellamy, and defendant Thomas Lynn, though duly and regularly summoned and called, came not, but made default; and the court, having read and considered the pleadings, and having heard the evidence, took this cause under advisement.

"Now on this day the court, having fully considered this case, and being fully advised in the premises, finds that the defendant Thomas Lynn has no right, title, interest, lien, or claim in or to the real estate described in the plaintiff's petition and hereinafter described; that plaintiff has acquired and holds the promissory note described in and attempted to be secured by a certain deed of trust dated February 18, 1919, executed by William A. Fennell to C. C. Northcott, of Macon county, Mo., trustee for George M. Clark, said deed of trust being filed for record in the office of the recorder of deeds of Saline county, Mo., February 20, 1919, and recorded in said office in Book 165, at pages 555 and 557, and finds that no lien upon said real estate was ever created by said deed of trust, and that said real estate is not subject to any lien, charge, or incumbrance whatsoever because of said deed of trust.

"The court further finds that by warranty deed, dated December 22, 1917, filed for record in the office of the recorder of deeds of Saline county, Mo., January 3, 1918, and recorded in said office in Book 167, at page 198, the real estate hereinafter described was conveyed by L. M. Kilburn and Myrtle Kilburn to F. B. Simmons; that said F. B. Simmons by said deed acquired only the bare legal title to said real estate, and never did have and never did claim to be the owner of the equitable, actual, and beneficial interest, right, and title in and to said real estate, but held the bare legal title to the same for the use and benefit of Lafayette H. Parish; that said Lafayette H. Parish died on October 31, 1918, being then the owner of and seized of the whole of the equitable and beneficial title, estate, and interest in and to said real estate, and not having authorized or directed said F. B. Simmons to make conveyance of said real estate, and that the warranty deed dated October 21, 1918, filed for record in said recorder's office November 1, 1918, and recorded in said office in Book 167, at page 374, executed by said F. B. Simmons and E. May Simmons, his wife, as grantors, to W. F. Hartman, grantee, conveyed only the bare legal title to said real estate; that said W. F. Hartman took said conveyance with full knowledge and notice that said F. B. Simmons held only the bare legal title to said real estate for the use and benefit of said Lafayette H. Parish, aforesaid; and the court finds that plaintiff, W. H. Beach, took and holds only the bare' legal title to said real estate through mesne conveyances from said W. F. Hartman, with; full knowledge and notice that said F. B. Simmons held only the bare legal title to said real estate for the use and benefit of said La. fayette H. Parish, as aforesaid, and finds that none of the grantees claiming through said W. F. Hartman are or were bona fide purchasers of said real estate without notice, but all were and are chargeable with notice and knowledge of the true ownership of said real estate, as aforesaid.

"The court further finds that defendant Lee S. Parish is the widow of Lafayette H. Parish, deceased, who was seized of the equitable title to said real estate during their marriage, and that she has not relinquished her right of dower in and to said real estate, and that she is now entitled to and possessed of her dower as such widow in and to said real estate.

"The court further finds that said Lafayette H. Parish left surviving him as his only heir.^ defendant Phillip Simpson Parish, who was duly and legally adopted by said Lafayette H. Parish as his son, and that said defendant is entitled to inherit from said Lafayette H. Parish, as his son, duly and legally adopted by law; and the court finds that defendant Lee S. Parish, administratrix of the estate of Lafayette H. Parish, deceased, is the duly appointed, qualified, and acting administratrix of the estate of Lafayette H. Parish, deceased, under appointment by the probate court of Jackson county, Mo., at Kansas City; that she has heretofore taken possession of the real estate hereinafter described as such administratrix under proper order of said probate court, and that the right, title, and interest of defendant Phillip Simpson Parish in and to said real estate is subject to such debts of Lafayette H. Parish, deceased, as have been properly proved and allowed against his estate as required by law.

"The court finds all the issues herein against the plaintiff, against the defendant Thomas Lynn, and in favor of defendants Lee S. Parish, Phillip Simpson Parish, and Lee S. Parish, administratrix of the estate of Lafayette H. Parish, deceased.

"Wherefore it is ordered, adjudged, and decreed by the court that defendant Thomas Lynn has no right, title, interest, lien or claim of any kind whatsoever in, to, or upon the real estate hereinafter described; that plaintiff W. H. Beach held and holds only the bare legal title to said real estate as aforesaid, for the use and benefit of Lee S. Parish, widow of Lafayette H. Parish, deceased, and Phillip Simpson Parish, the only heir of said Lafayette H. Parish, deceased, subject to the debts of said Lafayette H. Parish, deceased, aforesaid; and the court now, by this judgment, order, and decree, hereby divests said W. H. Beach of said bare legal title, and adjudges and decrees that defendant Lee S. Parish, widow of Lafayette H. Parish,...