Boyd v. Haseltine

• Decision Date: 31 May 1892
• Citation: 19 S.W. 822,110 Mo. 203
• Parties: Boyd et al., Appellants, v. Haseltine et al
• Court: Missouri Supreme Court

19 S.W. 822

110 Mo. 203

Boyd et al., Appellants, v. Haseltine et al

Supreme Court of Missouri, Second Division

May 31, 1892

Appeal from Greene Circuit Court. -- Hon. W. D. Hubbard, Judge.

Affirmed.

T. B Love for appellants.

(1) No estate passed by estoppel against Maria Anderson, and plaintiffs are entitled to the after-acquired title. R. S 1879, sec. 669. (2) No estate passed by virtue of section 3940, because at the time of the conveyance by Anderson and wife to trustee for Delaney an estate passed. The warranty is coextensive with the grant, and does not extend it. An after-acquired title passes only when nothing originally vested. Bozy v. Shoab, 13 Mo. 365; Valle v Clemens, 18 Mo. 486; Jackson v. Hoffman, 9 Cow. 271; Jackson v. Wright, 14 Johns. 194; Tiedeman on Real Property, sec. 728; 4 Kent's Commentaries [12 Ed.] 98. (3) The great preponderance of evidence fastens notice of the Boyd & Delaney deed on defendants. Indeed, the chancellor, to indicate the theory upon which he decided, gave instructions indicating so much, and signed a bill of exceptions to that effect, but in some inscrutable way that part of the bill was erased, and instructions disappeared, and no trace remains save a marginal entry on the bill of exceptions in the handwriting of one of the defendants herein as follows: "Equity case -- no instructions given."

Haseltine Bros. and James Baker for respondents.

(1) The deed made to Greene Anderson on the eleventh day of December, 1886, after the making of the deed of trust in 1883, inured to the benefit of the grantee in said deed of trust, and the title acquired by him passed to the respondents by virtue of the sale made under said deed of trust and the deed of the trustee, dated November 22, 1887. Cockrill v. Bane, 94 Mo. 444; R. S. 1889, secs. 2402, 8830. (2) The title having passed from said Anderson, and being vested in said respondents, before the execution of the deed to appellants by said Anderson, no interest could pass to them. (3) Appellants' first point is not well made as the after-acquired title was to Greene Anderson, who joined in the covenants of warranty, for further answerance in the words "grant," "bargain" and "sell," and was bound thereby. Pratt v. Eaton, 65 Mo. 157. (4) Appellants' second point is not well taken for the reason that the deed of trust in question purported to convey the property in fee simple absolute, and contained the covenants of general warranty, including that of further conveyance. (5) Appellants' third point in regard to notice is immaterial, for the reason that respondents already had a perfect title from Greene Anderson through the deed of trust, which could not be affected by the subsequent deed by him to appellants.

OPINION

Gantt, P. J.

This is a bill in equity to have a certain quitclaim deed to an undivided one-third of twenty acres of land, the north half of the north half of the southwest fractional quarter of section 6, township 29, range 21, in Greene county, Missouri, declared prior in equity to the title acquired by respondents to the same land, by deeds recorded before plaintiffs' deed was put to record.

In 1883, Greene Anderson to secure the plaintiffs, who were attorneys-at-law, in Springfield, Missouri, a fee of $ 100 due by him to them, together with his wife, Maria, executed a deed of trust, in which the granting words were "grant, bargain and sell" to one J. P. McCammon, as trustee, conveying forty acres of the north half of said southwest fractional quarter. This instrument was duly recorded at the time. At the time of this conveyance, Greene Anderson had no title to the said land, but his wife Maria had a life-estate in it.

On December 11, 1886, Greene Anderson received a deed from Elizabeth Martin to the north half of said forty acres. This deed was duly recorded October 20, 1887. On the twenty-second day of November, 1887, McCammon, the trustee, having advertised said forty acres as said trustee sold it to S. C Haseltine, and executed his trustee's deed, which was recorded the same day. On the twenty-sixth of November, 1887, Greene Anderson made a contract with Boyd and Delaney, by which he employed...