Bearss v. Corbett
| Decision Date | 03 July 1931 |
| Docket Number | No. 26065.,26065. |
| Citation | 177 N.E. 59,202 Ind. 548 |
| Parties | BEARSS v. CORBETT. |
| Court | Indiana Supreme Court |
OPINION TEXT STARTS HERE
Appeal from Grant Circuit Court; J. F. Charles, Judge.
Action by Eva Bearss against James S. Corbett and others. From a judgment in favor of defendants, plaintiff appeals. Transferred to the Supreme Court under section 1357 Burns' Ann. St. 1926.
Affirmed.
Superseding opinion in 158 N. E. 299.
Lett & Lett, of Marion, for appellant.
Condo & Batton, of Marion, for appellee.
Eva Bearss brought this action alleging that she is the owner in fee simple of an undivided one-half interest in remainder, subject to a life estate of her mother, Adeline Bearss (née Pierce), in certain real estate in the city of Marion, and seeking to quiet title thereto. The court sustained a demurrer to her complaint, which action of the court is the alleged error relied upon here. Upon her refusal to plead further, the court rendered judgment against her, from which judgment she has appealed.
The complaint alleges that appellant's grandfather, Henry Pierce, on January 23, 1869, executed a quitclaim deed to the land here in question (his wife joining therein) to his wife, Telitha Pierce, “during her life, then to Adeline Pierce during her life, and then to her children.” Adeline Pierce was a daughter of Henry Pierce and at that time was unmarried and without issue. Adeline intermarried with Alvah Evans July 16, 1871, and a son, George A. Evans, the only issue of this marriage, was born March 30, 1874. Adeline was divorced from Alvah Evans May 3, 1880, intermarried with Frank G. Bearss January 31, 1881, and a daughter, Eva Bearss (plaintiff-appellant), the only issue of this marriage, was born May 9, 1892.
Adeline Bearss on November 22, 1881, brought a suit in the Grant circuit court to quiet title to the land here in question, making defendants, among others: Telitha A. Garver (Adeline's mother, who was formerly Telitha Pierce, wife and widow of Henry Pierce, who had intermarried with William Garver); Eveline P. Alexander and William D. Alexander, her husband (Eveline being Adeline's sister and the only other child of Henry Pierce); and George A. Evans (Adeline's son). Adeline's complaint alleged that she was the owner in fee simple of the real estate by reason of the deed (above referred to) executed by her father, Henry Pierce, January 23, 1869. Mrs. Garver, and Mr. and Mrs. Alexander filed answers to this complaint admitting its allegations to be true and disclaiming all right, title, and interest therein. George A. Evans was served with process, was defaulted, and it being suggested to the court that he was an infant (six years of age), the court appointed a guardian ad litem for him, who filed an answer in general denial. The cause was tried and the court decreed that Adeline Bearss was the owner in fee simple of the real estate described and that her title thereto be forever quieted against the defendants in said action, which judgment is in full force and effect and unappealed from. Eva Bearss was not a party to this suit in 1881, at which time she was not yet born.
After the rendition of said decree quieting the title in Adeline Bearss, she and her husband by warranty deed conveyed the land to Thomas J. Newby, and thence through eighteen subsequent conveyances the title is traced to the defendants (appellees), who claim the title adversely to Eva Bearss. At the time of the filing of Eva's complaint it is alleged that Telitha Pierce Garver has long since deceased but that Adeline Pierce Evans Bearss is still living.
The foregoing complaint does not allege facts which show any title to said real estate to be vested in Eva Bearss, and the trial court correctly sustained the demurrer to it.
[1][2] Under the law as it exists in Indiana at the present time, a grant “to A during her life, then to B during her life and then to her children” gives B (upon the death of A) a life estate, with a remainder over to her children after her death. Hackleman v. Hackleman (1925) 88 Ind. App. 204, 146 N. E. 590, 169 N. E. 539;Alsman v. Walters (1914) 184 Ind. 565, 106 N. E. 879, 111 N. E....
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