Cottrell v. Griffits

• Decision Date: 23 November 1901
• Citation: 65 S.W. 397
• Parties: COTTRELL et al. v. GRIFFITS et al.
• Court: Tennessee Supreme Court

Page 397

65 S.W. 397

COTTRELL et al. v. GRIFFITS et al.

Supreme Court of Tennessee.

November 23, 1901.

Appeal from chancery court, Knox county; Jos. W. Sneed, Chancellor.

Suit by A. T. Cottrell and others against George C. Griffits and others. From a judgment of the court of chancery appeals in favor of complainants, defendants appeal. Affirmed.

J. C. Ford and Webb & McClung, for appellant Griffits. De Armond & Ford and Green & Shields, for appellee Cottrell.

SNODGRASS, C. J.

The question involved in this case is, what is the legal effect of a partition deed executed by two tenants in common to a third tenant, a married woman, where the deed includes the husband as joint grantee, though no agreement upon any consideration was made for such conveyance, or in fact made at all, but deed was executed under the following circumstances, and upon the facts so showing, found by the court of chancery appeals? Jesse Wells, the father of Mrs. Ford, Mrs. Cottrell, and Mrs. Griffits, was the owner of the land in controversy. He died, and it descended to these married ladies as tenants in common. Mrs. Griffits and Mrs. Ford conveyed to Mrs. Cottrell her share of the land, and later undertook to have the remainder of the land partitioned between them. A surveyor and notary was employed to partition, and draw deeds to be executed by the parties, each to the other, for the shares so surveyed and partitioned. This was done, but in drawing the deeds, without direction from the parties, and not in accord with their intention, the notary named the husbands of the two married women as conveyees. The parties were all dissatisfied with this form of conveyance; the husbands setting up no claim of right or agreement upon any consideration, or without consideration, to have it done. The draftsman was consulted, and he said the deeds conveyed no interests to the husbands as matter of law, but that he would insert a clause removing any supposed difficulty on this point; and thereon he interlined a clause showing that the deeds were in division of the lands of Jesse Wells, deceased, — as already stated, the father of the married women attempting the partition. This was not altogether satisfactory, but they agreed to keep the deeds from record until they could take advice and look further into the matter. The husbands and wives concurred in this, and so the matter ended. The deeds were taken and kept by each, without registration or further action, until four days after the death of Mrs. Griffits, which occurred on the 16th of February, 1901. The deeds were dated and put in possession of the parties on the 4th of October, 1892. There were no children born to Mr. and Mrs. Griffits, and hence no estate by curtesy, if the partition vested no title...