Gates v. Card

• Decision Date: 11 January 1894
• Parties: GATES et al. v. CARD et al.
• Court: Tennessee Supreme Court

24 S.W. 486

93 Tenn. 334

GATES et al. v. CARD et al.

Supreme Court of Tennessee.

January 11, 1894

Appeal from chancery court, Marshall county; Walter S. Beardery Chancellor.

Bill by Converse Gates and others against M. H. Card, his wife, and another, to enjoin execution of a writ of possession. Injunction granted. Defendants appeal. Reversed.

Swanson & Marshall, for appellants.

Thos R. Myers and James H. Lewis, for appellees.

WILKES J.

This bill is filed to perpetually enjoin a writ of possession issued from the chancery court of Marshall county upon a decree and procedendo from this court. The chancellor granted the relief prayed, and Card and wife have appealed, and assigned errors.

The controversy involves the title to a house and lot in Belfast Marshall county. Prior to the filing of the bill in this cause, there was a litigation involving the same property between the defendants and Thomas Gates, the style of the case being Gates v. Montgomery et al. Upon final hearing of that controversy in this court it was decreed that the right to the property was in Mrs. Card, and the cause was remanded to the chancery court of Marshall county, to the end that a writ of possession might issue from that court to put Mrs Card in possession, and such writ was issued by that court. Thereupon Nannie Gates, wife of Thomas Gates, and C. S. Chapman, as next friend, for the minor children of Thomas and Nannie Gates, none of whom were parties to the suit of Gates v. Montgomery et al., filed the present injunction bill to stay and perpetually enjoin the execution of said writ of possession, upon the theory that the house and lot belonged to them, and that Thomas Gates, the father, had merely held it as trustee for them.

It appears that in April, 1883, Thomas Gates bought the house and lot from B. M. Curtis, and took deed to the same directly to himself, and in his own right, and with no conditions limitations, or trusts. This deed he carried home, and placed in a trunk or closet, where it remained until February 10, 1885. At that date another deed was executed by Curtis, conveying the same house and lot to Thomas Gates, as trustee for his wife and children, and with certain limitations, not necessary to mention. What became of the first deed is left in uncertainty. Curtis, the maker, says that he took it up and destroyed it when he executed the second deed; but Gates, the grantee, does not remember whether it was taken up and destroyed by Curtis or not. The last deed remained in Gates' house until February 14, 1890, when it was registered in Marshall county. In July, 1885, prior to the registration of this latter deed, but after its execution, Mrs. Card bought the property, and took a deed to the same, signed by Gates and his wife, Nannie Gates, and has paid the purchase money, and now insists that she is an innocent purchaser from Thomas Gates, without notice of any trust upon the land in favor of Mrs. Gates and her children. It appears that one R. S. Montgomery acted as agent for Mrs. Card and her husband in purchasing this land from Gates, and during his negotiations with Gates he inquired about the title, and was assured by Gates that it was all right, and as an evidence of this exhibited to him the first deed, made by Curtis to him, vesting the title to the property in Gates alone, and without any trust. Montgomery, after examining the deed, agreed to buy the property if Gates would have the deed registered, which Gates promised to do. Montgomery, under the impression that the deed had been registered as promised, prepared a deed to Mrs. Card, which was signed by Gates and wife, and delivered to Montgomery or Mrs. Card. The cash payment was made, and notes executed for the balance of the purchase money. At this time neither Montgomery nor Mrs. Card had any notice of the second deed, which put the title to the property in trust for Mrs. Gates and her children. It was in the possession of Gates and wife, and had never been registered. While Mrs. Gates signed the deed to Mrs. Card with her husband, her name is not mentioned in the body of the deed. It was properly acknowledged by both husband and wife. About...