Coltrane v. Laughlin
| Decision Date | 27 November 1911 |
| Parties | COLTRANE v. LAUGHLIN et al. |
| Court | North Carolina Supreme Court |
Appeal from Superior Court, Randolph County; Daniels, Judge.
Action by R. L. Coltrane against Seth W. Laughlin, administrator and others. From a judgment for plaintiff, defendants appeal. Reversed, and judgment rendered for defendants.
Where all exceptions to the findings of the referee were withdrawn and his report approved, any defect in the order of reference was cured.
Defendants denied the existence of the contract and pleaded an estoppel of record against recovery by reason of a judgment on action commenced before the clerk of Randolph county as a special proceeding to sell land for division among tenants in common transferred on issues joined to the superior court of Randolph county, and determined there by judgment on report of referee, duly entered in the superior court of said county, July term, 1909, as follows: On the present trial his honor, reserving the question of estoppel, submitted issues, and the following verdict was rendered by the jury:
And the court being of opinion on the question reserved that there was no estoppel of record shown, and, the amount of damages if any due, having been admitted, entered judgment for plaintiff, and defendants excepted and appealed.
Sapp & Williams and Morehead & Morehead, for appellants.
J. A Spence, for appellee.
HOKE J. (after stating the facts as above).
On the question of estoppel it was made to appear by admission and the inspection of the record chiefly that: "In the year 1866 or 1867 Abner Coltrane died in Randolph, seised of a tract of land containing 111 acres, leaving a widow and three children, his only heirs at law, to wit, the plaintiff, R. L. Coltrane, S. L. Coltrane, and Ruth Gardner; S. L. Coltrane, then a nonresident, having moved from this state while a minor. Mrs. Gardner left the state soon after her father's death. The plaintiff moved in with his mother immediately after the death of his father and resided with her till she died--about 40 years--raising a family while so living with her and repairing and putting improvements upon the premises. In May, 1906, soon after the death of the life tenant, his mother, the plaintiff instituted a special proceeding in the superior court of Randolph county to sell the land for division--S. L. Coltrane and Mrs. Gardner, she being a widow--and in the complaint made a claim for an allowance by reason of permanent and valuable improvements put upon the land during his occupation, and basing his claim also on separate and specific allegations made in terms as follows: "That, just after the death of the said Abner Coltrane, the defendants contracted and agreed with the plaintiff that he should move on said lands and take care of his mother and in consideration of his taking care of his mother, who was also the mother of the defendants, that the said petitioner should have their interest in the lands aforesaid; that, in pursuance of the aforesaid agreement, the said R. L. Coltrane did move on said lands and carried out his part of the aforesaid agreement in spirit and letter by taking care of his mother, who died a year or two ago; that, while in possession of said lands under the aforesaid agreement and as tenant in common, the petitioner put valuable and permanent improvements on said lands, to wit, dwelling house, barn, grainary, smokehouse, and the digging of a well and other things worth in all $500 to $600, and the said petitioner is advised and believes that he should be paid for the value of said improvements before the defendants are allowed anything from the proceeds of said sale." Defendants S. L. Coltrane and Mrs. Gardner made answer alleging that they were tenants in common with plaintiff, denied there was ever any contract to convey their interest to plaintiff, alleged that rents and profits received should be accounted for as against the claim for permanent improvements and amount, if any, due defendants paid, and prayed judgment that the land be sold for division, etc. The cause was transferred to civil issue docket, and, S. L. Coltrane having died, his heirs at law were duly made parties defendant, and at March term, 1908, an order of reference was made containing the following recitals: "This cause being called for trial, and it appearing to the court that the plaintiff alleges that he and the defendants are tenants in common, and which is admitted by the defendants, and both parties in open court having agreed that the land described in the petition should be sold and that the questions raised by the pleadings should be referred." And after directing a sale the said order proceeded: "And the said referee is hereby ordered to hear evidence as to the increased value of said land because of any improvements, if any, placed upon said land by any of the parties thereto, and ascertain and find the value of the same, and also to hear evidence as to the rental value of said land, and to find what the rental value of said land amounts to, and also to find from the evidence whether or not the plaintiff should be paid for his improvements, and, if so, how much, and whether or not the plaintiff should account for rents and profits arising from this land, and, if so, what amount."
Said referee made his report to July term, finding facts specially relevant to this inquiry, as follows: ...
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