Garnes v. Barber

• Decision Date: 09 March 1957
• Docket Number: No. 40409,40409
• Citation: Garnes v. Barber, 308 P.2d 76, 180 Kan. 793 (Kan. 1957)
• Parties: F. M. GARNES, Appellant, v. Alden M. BARBER and Goldie A. Barber, Appellees.
• Court: Kansas Supreme Court

Page 76

308 P.2d 76

180 Kan. 793

F. M. GARNES, Appellant, v. Alden M. BARBER and Goldie A. Barber, Appellees.

No. 40409.

Supreme Court of Kansas.

March 9, 1957.

Syllabus by the Court

1. Where a trial court, sitting as a court of equity in an action to cancel a deed executed and delivered in consideration of an agreement to support the grantor for the remainder of his natural life, has before it all the property involved, all the parties claiming rights thereto, and their respective claims, it may and should determine all rights of the parties and render an appropriate decree with respect thereto in accord with the demands of justice.

2. The record in an action such as is described in the first paragraph of this syllabus examined, and held, to disclose no error warranting a reversal of the judgment.

Harry C. Blaker, Pleasanton, argued the cause and was on the briefs for appellant.

Howard Hudson, Fort Scott, argued the cause, and Douglas Hudson and Douglas G. Hudson, Fort Scott, were with him on the briefs for appellees.

PARKER, Chief Justice.

Plaintiff, F. M. Garnes, commenced this action against defendants, Alden M. Barber and Goldie A. Barber, in the district court of Linn County, which county was then the residence of all parties, seeking the cancellation of a deed to his forty acre farm home, which he had executed to defendants pursuant to the terms of an oral agreement, and an accounting in connection with a written agreement between the parties for the farming operation of such tract, and additional tracts of real estate owned by him approximating 362 acres.

The facts on which the parties rely to sustain their respective positions, as well as all issues involved, appear from the following highly summarized statement of the hereinafter mentioned pleadings.

The amended petition, containing two causes of action, alleges that on or before July 7, 1952, plaintiff, who was then about eighty years of age and a widower, and defendants entered into an oral agreement whereby it was understood and agreed that defendants were to move to plaintiff's farm home in Linn County and were to there care and provide for plaintiff and furnish him with suitable and proper home, lodging, food, laundry and care for and during his natural lifetime, in consideration of which plaintiff was to convey and assure to defendants such farm home (describing it) would be their property on his death; that pursuant to such agreement, and on July 7, 1952, plaintiff conveyed such premises by a warranty deed, subsequently placed of record, to defendants, such deed containing a clause on the face thereof 'Reserving to the grantor a life estate in said real estate.'; that thereafter defendants appropriated the farm, and the real estate described in such deed, to their own use and failed and refused to care and provide for plaintiff in conformity with the oral agreement; and that by reason of such action there was a total failure of consideration for the deed and plaintiff should be restored to the full title, use and possession of such farm home, free and clear from any claim by either defendant.

Allegations of the second cause of action of the amended petition are to the effect that as of the date of the oral agreement and deed, mentioned in the first cause of action, the parties entered into a written agreement for farming operations of the tract of real estate on which the farm home was located and additional acreage (describing it); that pursuant to the terms of the oral and written agreements the defendants moved into the home of plaintiff and entered into and assumed full control of the real estate; that on or about December 31, 1952, defendant Alden M. Barber advised plaintiff he owed plaintiff $87 for farming operations for the year 1952 but failed and refused to pay that sum; that thereafter and until the end of the crop year 1954 defendants continued to hold possession of all lands involved and appropriated crops, rents and profits therefrom to their own use; that since the end of such crop year defendants have continued to hold possession of the farm home, and the forty acres on which the same is located, and have failed and refused to pay or account to plaintiff therefor; and that by reason of all such facts plaintiff is entitled to an accounting of the receipts and disbursements of the operations on all the real estate, a cancellation of the farming agreement, and a dissolution of any partnership arrangement.

Under a general prayer plaintiff asked judgment cancelling the deed to the farm home and restoration to the full title, use and possession of those premises, free of all claims from defendants; for an accounting by defendants for receipts and disbursements of the operations of all the real estate; for a cancellation of the farming agreement; for a dissolution of any partnership agreement; for the cost of the action; and for such other relief as the court might deem proper.

In their answer to the amended petition defendants deny all allegations of plaintiff's first cause of action except those expressly admitted, concede the oral agreement but allege that under its terms plaintiff agreed that if they would move from their home, located near Bonner Springs to his home in Linn County, so they would be near him in his declining years that plaintiff would deed them the farm home in question in fee simple title absolute. They then allege that pursuant to such agreement they sold their own property and moved to such farm home; that notwithstanding the agreement to convey fee title absolute plaintiff, through mistake, reserved a life estate in the farm home; that said deed should be reformed to show the true intent of the parties; and that they have such other and further relief as the court might deem proper and just.

Portions of the answer relating to the second cause of action admit the execution of the written agreement for farming operations, allege that pursuant to such agreement defendants had expended the sum of $9,978.62, as set forth in an accounting marked Exhibit 'A', which is attached to and made a part of such answer; assert that they have been excluded from the real estate since 1954, except a part thereof; ask for an accounting between the parties and for judgment in such sum as shall be determined to be due and owing them from plaintiff; and pray for all other legal and equitable relief.

In response to the foregoing answer plaintiff filed a reply wherein he denied generally all allegations contained in that pleading, except admissions made therein respecting allegations of his amended petition.

With issues joined, as heretofore related, the cause came on for trial by the court which, after hearing all evidence offered by the respective parties, took the cause under advisement. Later, and on March 27, 1956, it filed its findings of fact and, based on such findings, rendered the following judgment:

'It Is Therefore Adjudged and Decreed that the deed be approved and affirmed with possession to defendants at termination of life estate.

'Defendants to remove themselves and personal property from premises by April 15, 1956. They will not remove any of the fixtures from the premises.

'The plaintiff will remove none of the fixtures which the defendants have installed from the premises.

'The defendants have judgment against the plaintiff in the sum of $1716.02.'

For informative purposes it should be stated at this point that in substance the more important findings of fact, some of which we pause to here note were in the nature of conclusions of law, on which the trial court based the foregoing judgment, numbered for purposes of future reference and not as they appear in such findings, were (1) that the deed should be confirmed as originally executed; (2) that it refused to render an accounting on the written farm lease, and left the parties where they were, because such accounting was hopelessly mixed up; (3) that at the time of entering into the oral agreement the plaintiff held out an inducement that he would make his home nice and modern if defendants would come down and take care of him and that he would give them the forty acres and more as compensation; (4) that he plaintiff was the first to violate the agreement by not proceeding to fix up his home as he had agreed to do; (5) that the plaintiff spent no money on the house; (6) that the defendants then proceeded to make extensive repairs and expended their own funds in improving the property; (7) that, since it appeared the parties could no...