Doggett v. Lane

• Citation: 12 Mo. 215
• Parties: DOGGETT ET AL. v. LANE ET AL.
• Decision Date: 31 October 1848
• Court: Missouri Supreme Court

12 Mo. 215

DOGGETT ET AL.

v.LANE ET AL.

Supreme Court of Missouri.

October Term, 1848.

APPEAL FROM ST. LOUIS CIRCUIT COURT.

This was a suit in chancery instituted by the appellants who are the widow and heirs of John Doggett, deceased, against the appellees, to set aside a conveyance alleged to have been made by the said John Doggett in his life-time, to the defendant, Lane, of a tract of land in St. Louis county, containing 672 arpents. The deed bears date 1st day of June, 1829, and was acknowledged on the same day before Jos. C. Brown, a justice of the peace, and subsequently recorded. The consideration expressed in the deed is $350; the bill alleges that at the date of this deed John Doggett, the grantor, was greatly reduced by disease, insomuch that his mind was greatly impaired, if not entirely gone; that he had been for some time before that date suffering from protracted sickness, which continued gradually to grow worse until he finally died of it in 1831. That from the time of his first attack, which was prior to June, 1829 (the date of the deed), his mind and body were both so much impaired as to wholly disqualify him from managing his business with care and prudence, and that the disease which was paralysis, was of a nature which necessarily impaired his mental faculties, and ultimately rendered him entirely imbecile. That during the whole of this period the defendant, Lane, was his family physician, and availing himself of the said Doggett's enfeebled condition and of his (Lane's) influence over him, and whilst Doggett was thus prostrate with disease, both bodily and mental, prevailed upon Doggett to execute the deed aforesaid. That the three hundred and fifty dollars named as the consideration, was in fact never paid by Lane, except so far as his bill for medical attendance went. That he paid nothing except in the way of medical services, and they did not amount to $350. That the land was then very valuable and worth at least ten times as much as Lane professes to have paid for it. That the deed was therefore fraudulent and obtained by undue influence, and for a merely nominal consideration. The bill also sets out Doggett's title to 350 arpents of the tract and describes the land particularly. One hundred acres of the tract was conveyed by Wm. Massie, who claimed under Samuel and Amos Duncan, the confirmees to David Barton, and by the latter to said Doggett; the said Wm. Massie having died, Chas. S. Hempstead, administrator of Christian Wilt obtained a judgment against the administrators of said Massie, upon which an execution issued in 1824, which was levied upon 249 arpents, part of the said tract of 672 arpents, and at a sale of the same by the sheriff under said execution, the said Doggett became the purchaser of the said 249 arpents, which was accordingly conveyed to him by the sheriff. In this way Doggett acquired title to the 100 acres purchased of Barton and the 248 arpents purchased at sheriff's sale.

The bill further states that as to the remainder of the tract of 672 arpents, the complainants are not advised how Doggett acquired tittle, but that for many years before his death he was in the quiet possession and enjoyment of it, and that after his death up to the time of bringing this suit his widow and children had continued to reside upon and occupy the land, claiming it under the said Doggett, who, in his life-time, claimed to own the tract, and the complainants have no doubt he had a valid title thereto. They call upon Lane to answer as to the condition of Doggett's health, mental and bodily, at the date of the deed, and to state what consideration he paid and how and when he paid it, and pray that the conveyance be set aside as fraudulent.

An amended bill was afterwards filed charging in substance that the defendant, Ewing, now claimed to be the owner of all the interest acquired by Lane under the deed from Doggett, and that Lane disclaimed all further interest in the property. But that Ewing's title, if he had any, was only colorable. That he was in fact holding in secret trust for Lane, who was the real owner, and that if Ewing had in fact purchased from Lane, he purchased with notice of the fraudulent manner in which the deed was obtained and stood in no better position than Lane himself.

Ewing in his answer denies all knowledge of the manner in which the deed from Doggett to Lane was obtained and all notice of any fraud in obtaining the same, but believes it was fairly obtained. Denies also Doggett's insanity or imbecility, and claims that on 21st November, 1842, he (Ewing) purchased at sheriff's sale under execution against Lane all his right and title to the said tract at the price of $10, and received a deed from the sheriff therefor. That in order to perfect his title to said tract and other property he had previously obtained control of the judgments under which the said tract was sold, for which judgments he paid over $2,000. That he has also purchased a conflicting claim of one Jno. B. Ranney to a portion of said tract for which he paid $240. That on 1st December, 1843, the said tract was also sold for taxes, at which he, Ewing, bought it. Denies also that he holds in trust for Lane, but claims that he purchased on his own account, and with his own funds, and that Lane has no interest in it.

Lane in his answer admits that Doggett was in possession of a part of the tract of 672 arpents in his life-time, but not of the whole tract, and denies that Doggett ever claimed to own the whole tract. That his title was exceedingly defective as to any part of the tract except the 100 acres bought of Barton. That in December, 1827, Doggett proposed to sell him his interest in the tract for $350. That he, Lane, took time to consider of it, and in March of the next year, concluded to accede to the offer, and so informed Doggett, when the trade was agreed upon. That between that day and the 1st June following, he made payments to Doggett, and assumed debts for him to the whole amount agreed to be paid, on which day the purchase-money being thus fully paid, a deed was executed by Doggett and wife. On the said 1st June, the payments he alleges were made as follows: Five dollars cash on 6th March, the day the bargain was closed. On same day executed his note to Doggett for $100, payable twelve months after date, which was paid at maturity; $52 agreed to be due for medical services. On 28th May, 1829, paid Doggett one hundred dollars cash and gave him at same time an order on Hough for ten dollars. The balance was paid in debts assumed for Doggett to N. W. Whistler and others. Denies Doggett's insanity or imbecility at date of the deed, or at any other time so far as he knows or believes, except for a few hours at a time, during periods of severe illness. Denies all fraud or imposition, on the contrary, insists that at the date of the purchase Doggett was perfectly sane and rational, and the purchase was made at his urgent request. That the complainant, Nancy, his widow, was present at the time, knew his condition and voluntarily signed the deed and relinquished her dower. That since that time said Nancy has often received favors and professional advice from him and has never complained of any unfairness. Says there were several conflicting claims to said land, and that Doggett's title was not worth three hundred and fifty dollars at the time. Sets out several conflicting claims which he has since purchased to said land, for which he paid $2,090 including what has been since paid by Ewing, all of which claims he says were known to Doggett and himself, at the date of the said deed. Admits that after the purchase from Doggett he permitted Doggett to occupy a portion of the tract up to the time of his death, and after that as his family were poor, he permitted his widow and children to reside there, always, however, as tenants at will. Denies that he has now any interest in the tract, but that the same was sold to Ewing under execution as stated in Ewing's answer, and that Ewing does not hold in trust for him, but purchased on his own account and with his own funds.

General replications were filed to the answers of Lane and Ewing, and upon the hearing, several witnesses were examined on the part of the complainants who testified to their belief that at or about the 1st June, 1829, and some of them prior thereto, and from thence up to the time of Doggett's death, he was greatly enfeebled in body and mind, that his mind was so impaired as to render him incapable of transacting business with prudence. That he was subject during the whole period to convulsions, and finally became completely paralyzed and died in that condition, about two years after the date of the deed to Lane; some of these witnesses considered him deranged for several years before his death and gave the reasons for that opinion founded upon his conduct and conversation. In their estimate of the value of this tract of land in June, 1829, they ranged from four dollars to ten dollars per acre, none of them fixing it at less than the former sum. See the testimony of James Bissell, Sr Cvr, Brazeau, Chick, Gardner, Ranney, Graham, Quick, and Mrs. Jackson. Defendant on his part introduced several witnesses, amongst others Joseph C. Brown, one of the subscribing witnesses to the deed from Doggett to Lane, and who was the justice who took the acknowledgment of the deed at the request of the defendant, Lane. He testifies that at the time of the acknowledgment of the deed;...