Gates v. Roberts
| Decision Date | 13 November 1961 |
| Docket Number | No. 48509,No. 1,48509,1 |
| Parties | Rhoda GATES, Administratrix of the estate of George Tashkoff, deceased, Pete Tashkoff, Toni Hagelin, Helyn Bellavance, Thomas Tashkoff and Rhoda Gates, Respondents, v. Aline ROBERTS, Appellant |
| Court | Missouri Supreme Court |
William. R. Ross, Gene R. Martin, Ennis, Browne & Martin, Kansas City, for appellant.
John C. Pohlmann, William H. Costello, Kansas City, for respondents.
HOUSER, Commissioner.
Suit to quiet title to Lot 18, Doherty's Addition, Kansas City. Plaintiffs claimed title by inheritance from their father, George Tashkoff, deceased, and that George Tashkoff obtained title by tax deed and adverse possession. Defendant, denying plaintiffs' title, claimed title by virtue of a warranty deed from the record owner.
The case was tried to the court without a jury. The trial court found the issues for plaintiffs, sustained their plea of adverse possession, and declared defendant's warranty deed a nullity. Defendant has appealed, and now seeks a reversal of the judgment on the ground that the court erred in decreeing title in plaintiffs because (1) the tax deeds purchased by plintiffs' father were void, and (2) there was no evidence that the possession of plaintiffs' father was exclusive or hostile.
A jury having been waived, we review the case upon both the law and the evidence as in suits of an equitable nature, not setting aside the judgment unless clearly erroneous, giving due regard to the opportunity of the trial court to judge of the credibility of the witnesses, Supreme Court Rule 73.01(d), V.A.M.R.; Section 510.310, subd. 4, RSMo 1959, V.A.M.S.; Ennis v. Korb, Mo.Sup., 347 S.W.2d 671, reversing or affirming the trial court or giving such judgment as seems agreeable to law. Supreme Court Rule 83.13(c), V.A.M.R.; Carlisle v. Keeling, Mo.Sup., 347 S.W.2d 191.
We find these to be the facts; In 1922 John H. Doherty, his wife Irene, and his mother Sarah, the joint owners of a tract of land in Kansas City, subdivided the land. The subdivision included Lot 18, the subject of the present controversy. John Doherty died in 1928, and Sarah died thereafter, thus leaving Irene Doherty as the sole surviving record owner. Sometime prior to 1937 one L. V. Churchman commenced the construction of a house on Lot 18. Nothing in the record indicates that Churchman had any interest in the land or what, if any, contractual arrangements he may have had with Irene Doherty for the construction of the building. After putting in the foundation and erecting the walls, subfloor and roof Churchman abandoned the project and disappeared. The house remained vacant, in this unfinished condition, without partitions, doors, windows, finished floor, utilities or even entrance steps, for a year or two. It was referred to in the community as 'the empty shack,' and was reputed to be 'a haunted house.' It was just a 'shell of a house' on a 25-foot lot. At that time the house and lot were worth somewhere between $300 and $1,000. On September 11, 1937 George Tashkoff was about to lose his home on nearby Hughes Street for inability to meet the payments. Tashkoff's family consisted of himself, his wife and four children. When Tashkoff saw the house on Lot 18, a place he had 'found for his family to go,' he said it was 'an answer to a prayer'--a 'miracle,' and he and his family moved in. No one in the family seemed to know who the owner was; no arrangements were made with Irene Doherty, the record owner; the family 'just moved in.' Tashkoff 'put himself into possession.' On September 11, 1937 Irene Doherty lived nearby, within sight of and not more than 150 or 200 feet distant from, Lot 18. Irene Doherty was 'tax poor.' She 'owed a lot of taxes' during the depression and was losing other properties on account of tax delinquencies. Finally she was forced by circumstances to let the taxes become delinquent on Lot 18. After moving in, Tashkoff cleared the property of underbrush, cut the grass and planted fruit trees. He was an industrious, hard-working man. Slowly, by degrees, and as he could afford it. Tashkoff installed flooring, ceilings, partitions, windows, doors, electricity, water, plumbing fixtures, and built two large additional rooms and a bathroom. Tashkoff and his family devoted all available funds to the repair and additions to the house. Within a year 'they were fairly comfortable.' In 1938 Tashkoff went to the City Hall and secured from the City Treasurer a tax deed to Lot 18 for unpaid city taxes for the year 1932. The consideration was $8,48. On November 19, 1939 Tashkoff caused the issuance of a second such tax deed to Lot 18 for unpaid city taxes for the year 1934. The consideration was $8.63. In 1938, 1939 and 1940 Tashkoff paid the delinquent city, county, school district and state taxes on Lot 18, some of which ran back to 1934. Thereafter and until the date of his death Tashkoff kept the taxes paid. The tax bills were made out to George Tashkoff or to 'John H. Doherty % Geo. Tashkoff.' George Tashkoff died on November 9, 1958. Thereafter one of the plaintiffs paid the taxes. George Tashkoff and his family, and no one else, occupied and controlled the premises from September 11, 1937 to November 9, 1958. A daughter testified, 'It was always our property; our house.' After 1938 Irene Doherty always referred to the property as 'the Tashkoff property.' Irene Doherty continued to live in view of 'the Tashkoff property' through the years, with full knowledge that Tashkoff was there and what he was doing with the property. Tashkoff claimed title to the property from the time he moved in. He stayed there, possessing and occupying the property, making it his home continuously...
To continue reading
Request your trial
-
Teson v. Vasquez
...to possess it as his own and not in subservience to a recognized, superior claim of another. Walker v. Walker, supra; Gates v. Roberts, 350 S.W.2d 729 (Mo.1961). Furthermore, the claim of right or ownership must be unequivocal. Reinheimer v. Rhedans, 327 S.W.2d 823 The third element of adve......
-
Walker v. Walker, 56689
...claims of all others, and imports the occupation of land by the possession with the intent to possess the land as his own. Gates v. Roberts, 350 S.W.2d 729, 732(2, 3) The statement demonstrates evidence upon which to final that the three-foot strip of land lying along the boundary between t......
-
Cash v. Gilbreath
... ... Hedgpeth v. Maddux, 366 S.W.2d 314, 316 (Mo.1963); Gates v ... Roberts, 350 S.W.2d 729, 732 (Mo.1961). No positive notice need be given to the cotenants. The possessor is not required to prove a ... ...
-
Porter v. Posey
...possession or use is exclusive when the claimant occupies or uses the land for his own use and not for that of another. Gates v. Roberts, 350 S.W.2d 729, 732 (Mo.1961). See also Cramer v. Jenkins, supra at 18. The present record reveals that the Engelmeyers built the turnaround believing it......