Dawson v. Taylor

• Decision Date: 27 September 1919
• Docket Number: No. 20285.,20285.
• Citation: 214 S.W. 852
• Parties: DAWSON et al. v. TAYLOR et al.
• Court: Missouri Supreme Court

214 S.W. 852

DAWSON et al. v. TAYLOR et al.

No. 20285.

Supreme Court of Missouri, Division No. 1.

September 27, 1919.

Appeal from Circuit Court, Benton County; C. A. Calvird, Judge.

Suit by Margaret Dawson and others against Henry Taylor, Mary Stewart, and others. Judgment for named defendants, and plaintiffs appeal. Affirmed.

W. S. Jackson, of Warsaw, for appellants.

Henry P. Lay, of Warsaw, for respondents Taylor and Stewart.

SMALL, C. I.

This suit in partition was commenced in the circuit court of Benton county. The sole question in the case is the construction of two deeds. The appellants claim said deeds are void because of their testamentary character. The respondents affirm that they were and are valid deeds. One of said deeds is a warranty deed and is as follows:

"This indenture, made on the 1st day of September, A. D. one thousand eight hundred and ninety-six (1896), by and between William Taylor and Mary E. Taylor, his wife, of Benton county, state of Missouri, parties of the first part, and Henry Taylor, of the county of Benton, in the state of Missouri, party of the second part, witnesseth: That the said parties of the first part, in consideration of the sum of one dollar and love and affection to them in hand paid by the said party of the second part, the receipt of which is hereby acknowledged, do by these presents grant, bargain and sell, convey and confirm unto the said party of the second part, his heirs and assigns, the following described lots, tracts, or parcels of land, lying, being, and situate in the county of Benton and state of Missouri, to wit: The northwest quarter of the northeast quarter and the west half of the northeast quarter of the northeast quarter of section twenty-two (22), township forty (40), range twenty-three, containing sixty (60) acres more or less.

"The grantors herein reserve unto themselves a life estate in and to the lands above described and the possession thereof, and the rents, use, enjoyment, and emoluments of the same, during their natural lives, and it is hereby declared to be the intention of the grantors herein that this deed shall not take effect in its full entirety until after the death of both of said grantors. It is also agreed as a part of the consideration of this deed, and as a charge upon the land herein described, that the grantee shall pay to Margaret Taylor fifty dollars when she is eighteen years of age.

"To have and to hold the premises aforesaid, with all and singular the rights, privileges, appurtenances, and immunities thereto belonging or in any wise appertaining, unto the said party of the second part, and unto his heirs and assigns, forever; the said William hereby covenanting that he is lawfully seized of indefeasible estate in fee in the premises herein conveyed, that he has good right to convey the same, that the said premises are free from incumbrances done or suffered by him or those under whom he claims, and that he will warrant and defend the title to the said premises unto the said party of the second part, and unto his heirs and assigns, forever, against the lawful claims and demands of all persons whomsoever.

"In witness whereof, the said parties of the first part have hereunto set their hands and seals, the day and year first above written.

                                       his
                               "William X Taylor. [Seal.]
                                       mark
                                       her
                               "Mary E. X Taylor. [Seal.]
                                      mark
                  "Signed, sealed and delivered in the presence of
                  "Attest to mark:               H. T. Patten
                                                "B. R. Lingle."
                

The foregoing deed was duly acknowledged September 1, 1896, and was filed for record on the 12th day of September, 1896. The other deed was a quitclaim deed, made the same date as the warranty deed, by William Taylor and wife to the same grantee, Henry Taylor. It transferred another tract of land. The consideration was one dollar and love and affection. The words of conveyance were: "Do...