Channell v. Jones

• Decision Date: 18 April 1939
• Docket Number: Case Number: 25913
• Citation: Channell v. Jones, 89 P.2d 769, 184 Okla. 644, 1939 OK 208 (Okla. 1939)
• Parties: CHANNELL et al. v. JONES et al.
• Court: Oklahoma Supreme Court

1939 OK 208

89 P.2d 769

184 Okla. 644

CHANNELL et al. v. JONES et al.

Case Number: 25913

Supreme Court of Oklahoma

Decided: April 18, 1939

Syllabus

¶0 1.DEEDS--Invalidity of Deed Executed by One "Entirely Without Understanding."

Where a grantor in a deed is incapable of comprehending that the effect of a deed, when executed and delivered, would be to divest such grantor of title to the land described in such deed, said grantor is, as to such deed, entirely without understanding within the meaning of section 9402, O. S. 1931, and the deed is void and conveys no rights to the, grantee.

2.ADVERSE POSSESSION--Possession not Adverse During Time Owner is Mentally Incompetent.

Where one claiming title to land by adverse possession begins his possession while the owner is mentally incompetent, the possession is not adverse to the owner during the time the latter is under such disability, the period of time necessary to give title by adverse possession beginning to run only after the removal of the disability.

3.LIMITATION OF ACTIONS--Action to Recover Real Estate and to Cancel Deed Executed by Plaintiff's Ancestor Who Was Wholly Without Understanding and Remained So Until His Death.

An action by plaintiffs for recovery of real property in the possession of defendants and for cancellation of a deed executed by plaintiffs' ancestor at a time when such ancestor was wholly without understanding, is not barred until the expiration of 15 years from the date of the death of said ancestor where the condition of such grantor continued until his death.(Subdivision 4. sec. 99, O. S. 1931.)

4.TAXATION--Tax Deed Void Which Shows on Its Face That Notice of Demand for Deed Was Served by Certificate Holder.

A tax deed which shows upon its face that the notice required by section 12759, O. S. 1931, was served by the certificate holder and not by one of the persons designated by section 171, O. S. 1931, is void.

Appeal from the District Court, Logan County; Freeman E. Miller, Judge.

Action by Della Jones and other, against Arch Channell and others to cancel deeds and quiet title.Judgment for plaintiffs, and certain defendants appeal.Remanded, with directions.

John Adams, for plaintiffs in error.

W. S. Lowther, H. M. Adams, and Henry S. Johnston, for defendants in error.

OSBORN, J.

¶1 This action was instituted in the district court of Logan county on April 18, 1933, by Della Jones and other heirs of A. D. Channell, deceased, hereinafter referred to as plaintiffs, against Arch Channell, Raymond Channell, and other heirs of A. D. Channell, deceased, Cora Channell, wife of Arch Channell, and C. A. Sanderson, hereinafter referred to as defendants.The purpose of the action was to cancel certain conveyances of real estate and to quiet title thereto in plaintiffs.The property was originally owned by A. D. Channell, who died in November, 1929.The title asserted by plaintiffs to said property arises by virtue of their heirship to said deceased.The title claimed by defendants arises by virtue of a tax deed to them from Logan county, and a quitclaim deed from A. D. Channell, deceased, executed during his lifetime.Defendants also claim title by prescription.Plaintiffs prevailed in the trial court.The tax deed and quitclaim deed were canceled and there was a judicial determination of the heirs of A. D. Channell, deceased, and title to the real property involved herein was quieted in said heirs and a general accounting was ordered.From said order and judgment, defendantsArch Channell, Cora Channell, and Raymond Channell have appealed.

¶2 The tax deed was canceled for the reason that it was void on its face.It was held that the quitclaim deed was void on account of the mental incapacity of the grantor.Defendants' claim of title by prescription was denied for the reason that the prescriptive period did not run during the disability of A. D. Channell.

¶3Defendant Sanderson claimed certain mineral interests in the land by virtue of a mineral deed from Arch Channell.At the conclusion of plaintiffs evidence he interposed a demurrer which was sustained upon a statement by plaintiffs' counsel that no recovery was expected from him.He is not a party to this appeal.It therefore becomes unnecessary to give further consideration to his interest.

¶4 At the conclusion of the evidence the trial court entered extensive findings of fact and conclusions of law.The findings of fact are fairly supported by competent evidence.With slight modification, the facts hereinafter stated are those found by the trial court.

¶5A. D. Channell, the ancestor of the parties herein involved, and his wife, Arthula Channell, homesteaded the northwest quarter of section 33, township 17 north, range 4 west, in Logan county in the year 1889 or 1890.Improvements were erected on the south eighty acres, but the north eighty was not improved.In February, 1907, Arthula Channell obtained a divorce from A. D. Channell and was awarded the south eighty acres.We are here concerned with the north eighty acres. which consists largely of pasture and timbered land; only about thirty acres of this tract being in cultivation.

¶6A. D. Channell was committed to the State Hospital it Norman on May 19, 1900.Between that date, and January 18, 19,06, lie was committed to that institution four more times, and in January, 1918, lie was committed for the sixth and last time.In March, 1918, he escaped from the institution and wits never returned nor discharged.From the date of his first commitment to the hospital A. D. Channell did but little work on the farm.For some considerable time following the date of the, divorce, he had no fixed place of abode.He lived a portion of the time on the north eighty acres, sleeping in a brush thicket or in an adjacent schoolhouse; at times he worked in the vicinity of Crescent at his trade, that of a stone mason.For four years prior to the year 1917, he rented out a portion of the north eighty acres and collected the rents.The pasture land on the north eighty acres was connected with the pasture land on the south eighty acres and the entire pasture was used for the benefit of the stock of the Channell family.During this period of time A. D. Channell lived it portion of the time with a son, Richard Channell, who ran a small shoe repair shop at Crescent.Okla.: while there lie did some watch and clock repairing.

¶7 On January 24, 1917, Arch Channell, Raymond Channell, and Richard Channell, sons of A. D. Channell, obtained a tax deed to the north eighty acres.Later Arch Channell purchased the interest, of Richard and Raymond Channell.At that time no immediate change was made in the improvements, fences, or cultivated land.Shortly thereafter Richard Channell and Raymond Channell were drafted into service in the United States army and A. D. Channell was committed to the hospital at Norman, from which lie escaped on March 6, 1918.At the close of the war Richard Channell again opened his shop in Crescent and A. D. Channell again made his home there a portion of the time.Arch Channell was married in 1920 and for the next several years lived on rented farms in the vicinity of Crescent, but did not use or cultivate guy of the homestead.Two orphan grandchildren of A. D. Channell cultivated the north eighty acres for two years and paid the rent to Arch Channell, otherwise, from the years 1917 to 1927, the entire north eighty acres was used, cultivated, treated, and farmed for the purposes of the Channell family.

¶8 On January 3, 1927, an application for a hearing to "have the fact of A. D. Channell's restoration to capacity judicially determined" was filed in the county court of Logan county.The hearing was held on this application on January 12, 1927, and the court made an order purporting to declare A. D. Channell sane and to restore him to capacity.It is interesting to note some of the circumstances surrounding this hearing.The parties present were E. W. Aniba, Arch Channell, Raymond Channell, C. A. Sanderson, mid A. D. Channell.A hearing wits had at 10 o'clock on January 12, 1927, and within an hour and a half after the hearing had been held, A. D. Channell bad executed a quitclaim deed to the property involved herein to Arch and Raymond Channell and the instrument filed for record; an oil and gas lease on the property from Arch and Raymond Channell to C. A. Sanderson, dated January 3, 1927, also had been filed for record.E. W. Aniba, partner in the real estate business with Sanderson, appeared as attorney for A. D. Channell at the hearing, as a witness at the hearing and as the notary public who acknowledged A. D. Channell's signature on the application for the hearing and on the quitclaim deed, and likewise acknowledged the signatures on the oil and gas lease.Arch Channell and Raymond Channell received $800 for the oil and gas lease and out of said sum paid their fatherA. D. Channell $500 as the consideration for the quitclaim deed.

¶9 The record discloses a warranty deed dated August 12, 1922, executed by Richard Channell and Myrtle Channell, husband and wife, to Arch Channell and Raymond Channell, conveying to them their interest in the land herein involved.

¶10 The record also shows a warranty deed dated March 22, 1928, from Raymond Channell and Zola Channell, husband and wife, to Arch Channell conveying to him their interest in the premises herein involved.

¶11 It appears that in the spring of 1928 Arch Channell constructed a house upon the premises and occupied the same as his home.

¶12 Section 9402, O. S. 1931, provides as follows:

"A person entirely without understanding has no power to make a contract of any kind, but he is liable for the reasonable value of things furnished to him necessary to his support or the support of his family."

¶13 In the case of Connecticut General Life Ins. Co. v. Cochran, 95 Okla. 111, 218 P. 313, it was held:

"Where a grantor in a deed is incapable of comprehending that the effect of the deed when

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