Bradley v. Goff

• Decision Date: 05 May 1912
• Citation: 147 S.W. 1012
• Parties: BRADLEY v. GOFF et al.
• Court: Missouri Supreme Court

147 S.W. 1012

BRADLEY v. GOFF et al.

Supreme Court of Missouri, Division No. 1.

May 5, 1912.

1. APPEAL AND ERROR (§ 639)—BRIEFS — BILL OF EXCEPTIONS—ERROR IN PRINTING.

The fact that the heading of the bill of exceptions appeared in the abstract a paragraph ahead of the place where the bill of exceptions began did not alter the fact that the abstract contained a bill of exceptions; nor did the fact that between such heading and the beginning of the bill was a paragraph that contained recitals which should have been contained in the record proper make them any the less a part of the record proper because of the prefix; the character of the recitals in the abstract being established by intrinsic evidence afforded by their contents, which could not be affected by mislocation of the heading.

2. DEEDS (§ 132)—CONSTRUCTION—"LAWFULLY CONSTITUTED HEIRS."

A grantor executed a deed to his son, granting the property to him during his natural life, and at his death then to his lawfully constituted heirs. Held, that the term "lawfully constituted heirs" was merely a tautological way of referring to his lawful heirs at his death; and that the grantee took a life estate, with remainder to those who should comprise the class known as the grantee's heirs at his death.

3. TAXATION (§ 730)—TAX SALES—LIFE ESTATES.

Where remaindermen were not made parties to a suit to compel a sale for unpaid taxes, the vendee acquired only the life tenant's interest; and the sale did not affect the interest of the remaindermen.

4. LIFE ESTATES (§ 18)—DUTY OF OWNER— PAYMENT OF TAXES.

It is the duty of the owner of a life estate to pay the ordinary annual taxes against the property.

5. REMAINDERS (§ 17)—ADVERSE POSSESSION —RIGHTS OF REMAINDERMEN.

Limitations will not run in favor of one in possession of land, as against remaindermen,

during the life of the life tenant, during which the remaindermen were not entitled to possession.

6. REMAINDERS (§ 14)—SALE.

Under Rev. St. 1909, § 2787, providing that conveyances of land, or of any estate or interest therein, may be made by deed executed by any person having authority to convey the same, etc., the interest of a remainderman is vendible.

7. REMAINDERS (§ 17)—RIGHTS OF REMAINDERMEN.

Where plaintiff purchased only a life estate at a sale for taxes and sued to quiet title, the remaindermen were not entitled to counter relief while it appeared that the life tenant was still alive.

Appeal from Circuit Court, Macon County; Nat M. Shelton, Judge.

Suit to quiet title by J. C. Bradley against John W. Goff and others. From a judgment for plaintiff, and from an order denying a new trial, defendants appeal. Reversed and remanded.

This suit to quiet title is brought by plaintiff, J. C. Bradley, who claims under a sheriff's deed, dated March 17, 1891, following a sale for taxes. Defendants are John W. Goff and Nathan D. Goff, the former a life tenant of the land and the latter his vendee under a quitclaim, with whom are joined the four children of John W. Goff and the husband of one of them. In their answer the defendants set out their relationship to John W. Goff, allege that he has no interest in the land described in the petition, having sold his life estate therein to his codefendant, Nathan D. Goff, and that the estate in fee to said lands belongs to the said children of John W. Goff, subject to the life estate which he conveyed. They pray the court to adjudge in whom said life estate is now vested, and that said four children be declared to be remaindermen in fee, and that the life tenant be required to conserve the estate, pay taxes, and at the death of John W. Goff to render possession to his children. Jury was waived, and the cause was submitted to the court upon a stipulation containing an agreed statement of facts, in substance, to wit:

(1) On August 5, 1879, Abbott P. Goff, who then owned the land in dispute, executed a general warranty deed to his son, John W. Goff, the granting clause of which is, to wit: "Do by these presents, grant, bargain and sell, convey and confirm unto the said party of the second part [John W. Goff] during the term of his natural life, and at his death, then to his lawfully constituted heirs, the following described lots, tracts or parcels of land lying and being situate in the county of Macon, state of Missouri," etc. The habendum clause is, to wit: "To have and to hold the premises aforesaid, with all and singular the rights, privileges, appurtenances and immunities thereto belonging, or in any way appertaining, unto the said party of the second part [John W. Goff] and to his lawfully constituted heirs, as first herein provided."

(2) That on February 25, 1885, the defendant John W. Goff, the grantee in the above deed, by quitclaim deed of that date, duly recorded, conveyed his interest in said land to his codefendant, Nathan D. Goff.

(3) In October, 1890, suit was brought for taxes on said land against said John W. Goff and Nathan D. Goff, and against no one else. That judgment for taxes was rendered, and a sale under said judgment was made March 17, 1891, and J. C. Bradley, the plaintiff in this suit, became the purchaser of said land and received a sheriff's deed therefor, which is duly recorded.

(4) J. C. Bradley, the plaintiff in this case, has had possession of said land since the date of his purchase aforesaid, and is now in possession thereof under and by virtue of said tax deed.

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