Gill v. McKinney

Decision Date03 July 1918
PartiesGILL v. McKINNEY et al.
CourtTennessee Supreme Court

Page 416

205 S.W. 416
GILL
v.
McKINNEY et al.
Supreme Court of Tennessee.
July 3, 1918.

Appeal from Chancery Court, Shelby County; F. H. Heiskell, Chancellor.

Bill by Madeline Gill against Mrs. J. W. McKinney and others to remove a cloud upon title. From a decree in her favor granting part of the relief demanded, a complainant appeals. Modified and affirmed.

P. H. Phelan, Jr., and Jas. L. McRee, both of Memphis, for appellant. Caruthers Ewing and D. B. Sweeney, both of Memphis, for appellee.

LANSDEN, J.


The bill in this case was filed to remove a deed of Mrs. McKinney to defendant Knight as a cloud upon complainant's title. Mrs. McKinney was the owner of the land in controversy. On June 29, 1914, she signed and executed a deed conveying the land to R. N. Gill and his wife, the complainant. This deed was duly recorded. Later Mr. and Mrs. Gill separated. She went to Little Rock, Ark., and her husband remained in Memphis, Tenn., on the land. The negotiations for the sale and purchase of the land by Gill and wife from Mrs. McKinney were conducted by one T. F. Turley as agent for both parties. Turley called Mrs. McKinney on the telephone and asked her if she would take $4,000 for the land, and she agreed to do this. One thousand dollars was paid in cash and the balance of the purchase price was agreed to be paid, in the original contract, in one, two, and three years. Mrs. Gill had sold a tract of land which belonged to her and had accepted notes for the deferred payments due in one, two, three, and four years. At her instance and request Mrs. McKinney agreed to change the contract so as to make the payments correspond with the notes which Mrs. Gill held. The deed was executed to Gill and wife. Mrs. Gill paid one half of the cash payment and Gill paid the other half, and they executed joint notes for the balance. After Mrs. Gill and her husband separated, at the instance of Gill, Turley interested the defendant Knight in the land. He assumed Gill's obligations in the matter and took the land at the purchase price which he (Gill) and Mrs. Gill agreed to pay Mrs. McKinney. Knight, however, treated the transaction as though Mrs. Gill had no interest in it. Mrs. Gill was eliminated from the deed executed to her and her husband by Mrs. McKinney by the simple device of erasing her name therefrom. Knight knew this. Turley and Gill knew of Mrs. Gill's rights in the matter.

The case was submitted to a jury, and it found that Knight knew of Mrs. Gill's interest in the land, but that Mrs. McKinney did not. It also found that there was a delivery of the deed upon the making of the cash payment to Turley. There is no dispute in the evidence but what the $1,000 was paid by Mr. and Mrs. Gill. These findings are not conclusive of the case.

The question is made that Mrs. McKinney did not know that Mrs. Gill was a grantee in the deed which she executed. It is said that this is established by the pleadings, and it is not a matter of dispute; however, it is clear that Turley was Mrs. McKinney's agent for this particular transaction, and that he drafted the deed naming Mr. and Mrs. Gill as grantees, and on behalf of Mrs. McKinney accepted the cash payment from them. Mrs. McKinney signed the deed at Turley's request, and it would be immaterial whether she knew the exact names of the grantees or not. It is beyond dispute that she intended to convey the land to the customers produced by Turley. She accepted Mrs. Gill's check, indorsed it, and collected the money on it in addition to changing the original contract with respect to the dates of the payments at Mrs. Gill's request so as to

Page 417

conform to the dates of the notes which Mrs. Gill held; so that there can be no question but what the deed of Mrs. McKinney to Gill and wife is a valid deed.

We also think that there is no material dispute in the evidence as to the delivery of...

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