Gandy v. Hagler

• Citation: 16 So.2d 305,245 Ala. 167
• Decision Date: 13 January 1944
• Docket Number: 6 Div. 176.
• Parties: GANDY v. HAGLER et al.
• Court: Supreme Court of Alabama

16 So.2d 305

245 Ala. 167

GANDY v. HAGLER et al.

6 Div. 176.

Supreme Court of Alabama

January 13, 1944

Herman J. Stewart, of Cullman, for appellant.

L. C. Albright and Taylor & Jeffrey, all of Birmingham, for appellees Stockdale and H. F. Realty Company.

THOMAS Justice.

The appellant filed the bill against the appellee to quiet title to the land described.

It is averred in the bill of complaint of Gandy that he had owned the lands since 1919; had been in possession of and paid taxes thereon for many years; that respondent Hagler claimed to be the owner of two mortgages on the lands described of date of 1919, but it is averred that though each instrument bore the name of T. A. Gandy as maker, they were regardless of his signature and failure of due execution, mere forgeries. It is prayed that the court cancel said instruments as a cloud on his title to the land.

Respondent Hagler filed his answer and cross bill and averred his ownership of the two mortgages; that he purchased them from one Buford Mitchell, the adopted son of Ida V. Mitchell deceased, and that in addition to the mortgages he had a warranty deed from Buford Mitchell and wife recorded in the probate office of date of September 17, 1937, conveying to him the lands in question. The prayer of the cross bill was that the title to the land be quieted in his favor by virtue of the two mortgages and his deed from Mitchell, as against complainant Gandy.

The record shows that on July 22, 1940, the H. F. Realty Company was granted the right to intervene in the cause, the bill of intervention being to the effect that it was the owner of the lands described in the bill and cross bill by reason of conveyances to it by Hagler, and asked the court to quiet the title thereto in its favor as against Gandy and Hagler.

Thereafter a petition of intervention was filed in the cause by W. B Stockdale, as administrator de bonis non of the estate of Ida V. Mitchell, deceased, setting up the title of his intestate and on February 20, 1942, Stockdale answered the original bill of T. A. Gandy and of intervenor H. F. Realty Company, averring, among other things, that the intervenor corporation did claim an interest in the lands described through a conveyance from Buford Mitchell, an heir of Ida V. Mitchell, deceased, but that said Buford had no title to the land at the time of his conveyance; that the land belonged to the estate of said Ida V. Mitchell; that it was the only property left of her estate subject to payment of claims against such estate; that claims had been duly filed and were unpaid; and for reasons specifically averred the transfers of the two mortgages and the warranty deed given by Buford Mitchell (the adopted child) to Dr. Hagler were null and void for due execution by Mrs. Mitchell, and, therefore, the transfers and conveyances from Hagler to H. F. Realty Company were "null and void."

The intervenor W. B. Stockdale, as administrator de bonis non cum testamento annexo of the estate of Ida V. Mitchell, deceased, answering the cross bill in question alleged that on the 17th day of July 1919 Ida Mitchell was the sister of T. A. Gandy; that she purchased from J. W. Welch and wife one of the tracts of land involved in this suit, but for some reason, the purchaser had him (grantor) execute the conveyance thereto to her brother T. A. Gandy, but that she paid the full amount of the consideration herself; that T. A. Gandy paid no part of the consideration; that at the time of the execution of such conveyance or subsequently thereto, she signed the name of her brother T. A. Gandy to a mortgage to herself in the sum of $1,500 due in three years; that until after the death of Ida V. Mitchell the said Gandy knew nothing about these conveyances.

It is further averred in Stockdale's pleading that on the 22nd day of July 1919 Ida V. Mitchell purchased the other tract of land involved in this suit from John D. Strange and took title thereto in the name of her brother T. A. Gandy, paying the entire amount of the purchase price herself, no part being paid by T. A. Gandy; that she prepared a mortgage on said land purchased from Strange, and had her brother's name signed to it and made it payable to herself in the sum of $1,200; that she duly filed both mortgages and deeds for record in the office of the probate judge of the county in which the land was situated; that her brother knew nothing about either of these transactions until after the death of his said sister; that Ida V. Mitchell died on October 27, 1936. It is further averred by Stockdale, as administrator, etc., of Mrs. Mitchell that said Ida V. Mitchell was during her lifetime and at the time of her death the owner of both tracts of land in question; that her said brother T. A. Gandy was trustee for her use and benefit by way of a resulting trust; and that Ida V. Mitchell during her lifetime and at her death owed no debt to her brother Gandy, nor was she obligated to him in any way by any other relationship or contract. The prayer of the last named pleading is for a decree to the effect that the lands involved in the suit were the properties and assets of Ida V. Mitchell, deceased, at her death, because of her having purchased and paid the entire purchase price of the two tracts of land; that her said brother, under the rule of a constructive delivery, held as such trustee of the title thereto for her use and benefit; and that H. F. Realty Company be declared to have no right in or title to the property involved in this suit.

From this complex pleading the dealings of the several parties touching the two tracts of land are presented and the questions of fact to be determined are: (1) Did the purchase and payment as averred of the entire consideration of the two tracts of land by Ida V. Mitchell operate as a resulting trust in her favor, and was her brother T. A. Gandy a mere trustee for her? (2) Was there a constructive delivery of the title (deed to the land) to T. A. Gandy which operates as a gift or as a resulting trust? (3) Did appellant own the lands in question before or after the death of his sister Ida V. Mitchell?

A preliminary question presented by the judgment is as to the sufficiency of the decree rendered against appellant for cutting timber from the land.

The decisions in this jurisdiction are that a judgment should be complete and certain in itself. A final judgment is a "determination by a court having jurisdiction of the matters submitted" and should always be complete and certain in itself, specifically showing that it is the court's adjudication of the matter, title or damages dealt with. Ex parte Louisville & Nashville R. Co., 214 Ala. 489, 492, 108 So. 379; Plunkett v. Dendy et al., 197 Ala. 262, 263, 72 So. 525; Clements v. Hodgens, 210 Ala. 486, 78 So. 467.

The instant decree touching the timber and averments of price received therefor is as follows:

"It is further ordered, adjudged and decreed that the title to the real estate described in the bill, was at the time of the death of Ida V. Mitchell in her, and that the complainant was a trustee for Ida V. Mitchell, and that his holding of said title was a resulting trust in favor of the said Ida V. Mitchell who was the real owner of said real estate. * * *

"It is therefore ordered, adjudged and decreed that T. A. Gandy has no right, title or interest in said real estate, and his apparent title is divest out of the said T. A. Gandy and vested in Ida V. Mitchell retroactively.

"It is further ordered, adjudged and decreed that the title to the property described in this bill, is vested in H. F. Realty Company, Inc., a corporation by virtue of deeds executed by Buford Mitchell and wife to P. L. Hagler, dated July 24th, 1937, and recorded in the office of the Judge of Probate of Jefferson County, Alabama, in Volume 2837, page 154, and the subsequent deed of conveyance of said property to Dr. P. L. Hagler to H. F. Realty Company, Inc., a corporation, dated October the 13th, 1937, and recorded in the office of the Judge of Probate of Jefferson County, Alabama, in Volume 2840 at page 403; subject to payment of claims against the estate of Ida V. Mitchell, deceased, duly filed and allowed against said estate, by the Probate Court of Jefferson County, Alabama, and Court costs in connection with said administration.

"It is further ordered, adjudged and decreed that the mortgages described in the bill of complaint purporting to be signed and executed by T. A. Gandy, to Ida V. Mitchell, are hereby cancelled and held to be null and void.

"It is further ordered, adjudged and decreed that T. A. Gandy is indebted to the estate of Ida V. Mitchell, deceased, in the sum of Three Hundred Seventy-seven dollars and fifty cents, for timber sold by him from the said lands of Ida V. Mitchell, deceased, and it is further ordered and decreed that W. B. Stockdale as Administrator de bonis non of the estate of Ida V. Mitchell, deceased, have and recover of the said T. A. Gandy, the said sum less such sums as the said T. A. Gandy paid as taxes on the said property together with interest thereon since the date of said payments." [Italics supplied.]

This was not a final decree complete in itself within the rule of our cases as to the damages for cutting timber from the land. Jasper Land Co. v. Riddlesperger 25 Ala.App. 45, 140 So. 624; Bell et al. v. Otts, 101 Ala. 186, 12 So. 43, 46 Am.St. Rep. 117; Claraday v. Abraham, 174 Ala. 130, 56 So. 720; Hinson v. Wall, 20 Ala. 298; Tombeckbee Bank v. Godbold, 3 Stew. 240, 20 Am.Dec. 80.

We now make observation of the rule of this court that obtains as to a resulting trust. In Fowler v. Fowler, 205 Ala 514, 88 So. 648, the rule is stated that: Persons seeking to establish a resulting trust in land must not...