Cheney v. Eggert

• Decision Date: 05 November 1917
• Docket Number: No. 12348.,12348.
• Citation: 199 S.W. 270,197 Mo. App. 649
• Parties: CHENEY et al. v. EGGERT et al.
• Court: Missouri Court of Appeals

199 S.W. 270

197 Mo. App. 649

CHENEY et al. v. EGGERT et al.

No. 12348.

Kansas City Court of Appeals. Missouri.

November 5, 1917.

Rehearing Denied December 3, 1917.

Appeal from Circuit Court, Adair County; C. D. Stewart, Judge.

Action by R. F. Cheney, Zena Cheney, and Edgar B. Sloan against Frank Eggert and G. W. Webster. Judgment for plaintiffs, and defendants appeal. Reversed and remanded.

Campbell & Ellison and Chas. E. Murrell, all of Kirksville, for appellants. J. M. Wattenbarger and D. C. Payne, both of Milan, for respondents.

BLAND, J.

Plaintiffs in their petition allege that plaintiffs Cheney and wife executed and delivered to defendants a warranty deed by which they conveyed to defendants certain real estate located in Sullivan county, Mo.; that by the terms of said deed defendants assumed and agreed to pay an incumbrance upon the land consisting of a deed of trust securing a note of $1,150; that defendants subsequently failed to pay said incumbrance, and that by reason of such failure the land was sold under the deed of trust, but not bringing an amount sufficient to pay the indebtedness; and that thereafter suit was brought against plaintiffs on said note resulting in a judgment which plaintiffs were compelled to and did pay. Plaintiffs ask judgment against the defendants for the amount of such judgment and interest. The answer was a general denial. The case was tried by the court without the aid of a jury. The trial resulted in a verdict for plaintiffs.

Plaintiffs introduced evidence tending to show that they lived in Kirksville, Mo., and had an agent by the name of Johnson who resided in Milan, Mo., the county seat of the county in which the land was situated; that they understood that the land was to be deeded to defendants, but, not understanding the defendants' names thoroughly, they mailed the warranty deed, containing a provision that the grantees were to assume said incumbrance, to Johnson, with instructions for him to fill in the names of the grantees. Thereafter Webster, one of the defendants, came to Johnson's office for the deed, and Johnson started to write in the names of defendants as grantees therein, but Webster asked him not to do so as he was not advised as to whom he wanted as grantees in the deed. Mr. Johnson delivered the deed to Mr. Webster with the space for the names of the grantees left blank.

There was no evidence as to whether the names of any persons were ever inserted in the deed as grantees, but there was evidence tending to prove that defendants after the delivery of the deed to Webster were in possession of the property mentioned in the deed, exercising ownership thereof and attempting as owners to trade the same. Defendants introduced no evidence.

Defendants claim, as there was no evidence that the name of any person was ever inserted in the deed as grantee, the deed is void, and even if it were shown that some name had been inserted as grantee, the deed would nevertheless be void, for the reason that Johnson was the only authorized agent of the grantors to insert the name, and, as he failed to do so, no one else had authority so to do.

That a valid deed might be signed, acknowledged, and delivered with the name of the grantee left blank, provided there is authority, even oral, in some one to fill in the blank has never been a question in this state since the case of Field v. Stagg, 52 Mo. 534, 14 Am. Rep. 435. Derry v. Fielder, 216 Mo. loc. cit. 190, 115 S. W. 412.

It needs no citation of authority to establish the fact that a deed for the conveyance of real estate is not a complete deed, and therefore not valid, until the name of the grantee is inserted by a person authorized so to do. However, it has been held that, where the grantors in...