Bundridge v. McQuown

• Decision Date: 11 April 1927
• Docket Number: 25478
• Citation: 293 S.W. 133
• Parties: BUNDRIDGE v. McQUOWN et al
• Court: Missouri Supreme Court

293 S.W. 133

BUNDRIDGE v. McQUOWN et al

No. 25478

Supreme Court of Missouri, First Division

April 11, 1927

H. K West, of Brookfield, and Alpha L. Burns, of Milan, for appellants.

Calfee & House, of Milan, and Bresnehen & Burns, of Brookfield, for respondent.

OPINION

GANTT J.

This is an action of ejectment for the west half of the southwest quarter of section 19, township 61, range 19, in Sullivan county. The answer is:

(1) General denial.

(2) That James Bundridge died intestate; that plaintiff is the widow, and the defendants, Ora M. McQuown and Nancy E Dunlap, are the daughters and sole heirs of James Bundridge that at the death of said Bundridge he was the owner of the southwest quarter of the west half of the southeast quarter of section 19, township 61, range 19, in Sullivan county.

'(3) Defendants further state that on or about the 12th day of January, 1923, the plaintiff (she having theretofore elected to take a child's part of the land of which her husband seized) and the defendants, Ora M. McQuown and Nancy E. Dunlap, being the owners in equal and undivided shares of said land, contracted and agreed with each other to partition the same between themselves, the plaintiff, Sarah E. Bundridge, to take and receive the west half, in area, of the southwest quarter of said section 19, and the defendants Ora M. McQuown and Nancy E. Dunlap to take and receive the east half, in area, of the southwest quarter of said section, and the west half of the southeast quarter thereof.

'Defendants further state that on the 12th day of January, 1923, the parties to this suit, plaintiff and defendant, undertook to execute and form their said contract and agreement with respect to the partition and division of said land, and in their attempt to perform said contract mutual deeds of partition were made; that the plaintiff made a deed to the defendants, Ora M. McQuown and Nancy E. Dunlap, purporting to convey the east half of the southwest quarter and the west half of the southeast quarter of said section 19, and defendants made a deed to plaintiff purporting to convey the west half of the southwest quarter of a said section. But defendants state the fact to be that by a mistake of the scrivener who prepared said deeds, and by the mutual mistake of all the parties thereto, said deeds were so drawn as not to express the contract of the parties and not to correctly and accurately describe the lands therein intended to be conveyed; that it was the contract between the parties that defendants were to convey to plaintiff the west half, in area, of the southwest quarter of said section 19, but by mistake of the scrivener who prepared the deeds, and by mutual mistake of all parties thereto, said deed was so drawn as to describe and convey the west half of the southwest quarter of said section; and it was the contract between the parties to this suit that plaintiff was to convey to defendants, Ora M. McQuown and Nancy E. Dunlap the east half, in area, of the southwest quarter and the west half of the southeast quarter of said section, but by mistake of the scrivener who prepared said deeds and by the mutual mistake of all the parties thereto said deed describes and purports to convey the east half of the southwest quarter and the west half of the southeast quarter of said section.

'Defendants further state that they are informed and believe, and therefore allege the fact to be, that the southwest quarter of said section 19 contains approximately 170 acres of land that at the time said deeds were made defendants did not know the exact acreage of said land, and had no knowledge nor information to the effect that the west half of said quarter section was greater in area than the east half thereof; that it was the contract and agreement of the parties that plaintiff should have the west half, in area, of said quarter s...