Hadley v. Kays

• Citation: 121 Ind.App. 112,98 N.E.2d 237
• Decision Date: 11 April 1951
• Docket Number: No. 17964,17964
• Parties: HADLEY et al. v. KAYS et al.
• Court: Indiana Appellate Court

Page 237

98 N.E.2d 237

121 Ind.App. 112

HADLEY et al. v. KAYS et al.

No. 17964.

Appellate Court of Indiana, in Banc.

April 11, 1951.

Walter G. Todd, Milton E. Craig, Indianapolis, Charles H. Foley, Martinsville, for appellants.

Kivett, Chambers, Vernon & Kivett, Indianapolis, by S. C. Kivett, Sr., Indianapolis, for appellees.

BOWEN, Presiding Judge.

This is an appeal from a judgment in an action in which the appellees, being the daughter and widow and only heirs-at-law of Guy W. Hadley, deceased, sought to be declared the owners of a tract of land in Morgan County, Indiana, referred to as the Hutton farm.

The substantial facts are undisputed, and from the record the following facts appear: That Guy W. Hadley, deceased, was the son of Macy B. Hadley who died intestate in the year 1900, the owner in fee simple of the real estate hereinafter to be referred to as the Home place.

Macy B. Hadley left surviving him as his only heirs-at-law his widow, Laura Hadley and his sons, Guy W. Hadley and Robbins M. Hadley. The widow and children of Macy B. Hadley occupied said Farm home as their residence until 1910. In February, 1910, said widow and children purchased a farm known as the Page farm. Guy W. Hadley had become married, and at the time of the purchase of the Page farm, it was understood between the widow and her sons, that the widow and Robbins M. Hadley would continue to occupy the Home place and Guy W. Hadley would take charge of the Page place. In making said purchase, Laura Hadley, the mother, furnished $6,000 of the consideration, Robbins Hadley furnished $1,700, and Guy W. Hadley furnished $1,700. By agreements of the parties, the title to the Page farm was taken in the name of the mother, Laura Hadley, and Laura Hadley aided Robbins M. Hadley in procuring the $1,700 which he paid upon the Page place, by becoming surety for said Robbins M. Hadley on a note given to one Iro Conduitt for said sum. And she further aided Guy W. Hadley in procuring the $1,700 which he paid, by signing a note and mortgage to the Northwestern Life Insurance Company to secure the payment of the same by Guy W. Hadley. In the year, 1910, Guy W. Hadley moved to the Page place, took full and complete possession, and Robbins M. Hadley and his mother occupied the Home place, and Robbins M. Hadley had full and complete control of the Home place. Afterwards, Robbins M. Hadley was married, and after such marriage, it was agreed between the mother and the two sons that the mother would move to the town of Mooresville and Robbins M. Hadley and Guy W. Hadley would furnish their mother means for her support, each to furnish one-half thereof. And it was likewise agreed that Guy W. Hadley was to have the use and rents and profits from the Page place, and Robbins M. Hadley to have like use of the Home place, and under said agreement, Guy W. Hadley occupied the Page place as his home, and Robbins M. Hadley occupied the Home place as his home, and each of said sons contributed equally to the support of their mother, Laura Hadley, until 1916, when she married one Benjamin F. Morgan, and went to live in the home of said Benjamin F. Morgan in the town of Mooresville, after which date, the said Laura Hadley Morgan with her husband supported herself and requested no assistance from either of her sons until the year, 1928. On August 1, 1918, Laura Hadley Morgan being joined with her husband, Benjamin F. Morgan, by quit-claim deed conveyed all of her interest in the Page farm to her son, Guy W. Hadley, but made no release for her claim for the $6,000 which she advanced on behalf of her son to buy the Page farm. On February 17, 1920, the Page farm was sold by Guy W. Hadley, who at such time, held the title to the same for the use and benefit of himself and his brother, Robbins M. Hadley, subject to the right of the mother to be repaid $6,000 which she had advanced in the purchase of the Page farm. At the time of the closing of the sale of the Page farm, arrangements had been made to purchase a farm known as the Hutton farm which is the real estate in controversy, and at the time of this transaction, Laura Hadley Morgan, Guy W. Hadley, and Robbins M. Hadley, were all present participating in the transaction. Guy W. Hadley took and deposited in his account at the bank all proceeds from the sale of the Page farm and from those proceeds paid all the purchase price of the Hutton farm. At the time of this transaction, it was agreed between all of said parties that title to the Hutton farm should be taken in the name of Laura Hadley Morgan who had furnished $6,000 to aid the sons in the purchase of the Page farm. The appellant, Robbins M. Hadley, testified that 'mother did not claim any interest on it, and the point was to adjust matters between us boys, but she held title to the Hutton farm to secure her for money advanced $6,000.'

From all of the circumstances in the evidence, it would be reasonably inferred as found by the trial court that the title was to be so held in the mother's name until a family settlement was made which would carry into effect the purpose of all the parties; that Guy W. Hadley would own one of said farms and Robbins M. Hadley the other; and that pursuant to such agreement, title to the Hutton farm was taken in the name of Laura Hadley Morgan on the 17th day of February, 1920.

Immediately following such date, Guy W. Hadley went into full possession of the Hutton farm and from and after such date with the full knowledge of his mother and Robbins M. Hadley, made lasting improvements on such farm, paid taxes thereon, and in all things exercised full and complete ownership over the farm. Also it would appear from the evidence and the circumstances that at all times prior to the purchase of the Page farm, there was an agreement between the parties whereby Guy W. Hadley would take possession of the Page farm, and Robbins M. Hadley would have possession of the Home farm, each would take all the rents and profits, and income from their respective farms, and each would contribute equally for the support of their mother, and it was agreed and understood that at some future date there would be a family settlement where all of the rights of the parties would be adjusted and finally fixed as the Page farm and the Home farm. And that after the sale of the Page farm and the purchase of the Hutton farm, the understanding remained in full force except the Hutton farm which took the place of the Page farm. Sometime prior to December 30, 1922, Robbins M. Hadley desired the Home farm which he occupied and used as his own be deeded to him, and that the rights and interests of the parties in and to the Hutton farm and the Home farm be fixed and adjusted by family settlement, and that Laura Hadley Morgan and Guy W. Hadley also desired that a family settlement be made, and for the purpose of carrying out this intention, it was agreed that disinterested persons should make an appraisement of the Hutton farm and the Home farm so that an equal division could be made between the two sons, subject to the right of the mother for support. To carry out this intention, three persons were selected by the mother and two sons to make a comparative appraisement of the two farms. The appraisement was made, and the appraisors' report was that in their judgment the Home farm was worth $2,500 more than the Hutton farm. The mother and sons accepted this report as a fair and just appraisement. The evidence supports the findings that at that time, the title of the Home farm was held by the mother and the two sons as heirs-at-law of Macy Hadley, deceased, and title of the Hutton farm was held by Laura Hadley Morgan for the use and benefit of her two sons, Guy W. Hadley and Robbins M. Hadley, subject always to the right of the mother, Laura Hadley Morgan, to be supported by the two sons. On such date of December 30, 1922, it was agreed between the mother and the two sons that Guy W. Hadley and wife, and Laura Hadley Morgan and her husband, convey all their interest in the Home farm to Robbins M. Hadley at and for an agreed consideration of $9,260; that Robbins Hadley would surrender to Guy Hadley any and all claims of title which he had in and to the Hutton farm and to equalize the differences in value the said Robbins M. Hadley would pay to said Guy W. Hadley the sum of approximately $250.00, and it was further agreed that each of the sons would contribute equally to the support of their mother, and that the mother should continue to hold the title to the Hutton place to secure the obligation of the two sons to contribute to her support if and when she should require it; that the Home farm would be the ultimate property Robbins M. Hadley, and the Hutton farm would be the ultimate property of Guy W. Hadley; that in reliance upon such family settlement, Guy W. Hadley and his wife, Laura Hadley Morgan and her husband, on such date did convey all their interest in and to the Home farm to Robbins M. Hadley, and the said Robbins M. Hadley then and there paid to Guy W. Hadley to the approximate sum of $250.00 to bring about an equalization between said sons and said Robbins M. Hadley did then and there release to Guy W. Hadley any claim which he might have upon the Hutton farm, and agreed to contribute and furnish one-half of whatever might be required to provide for the mother, and that Guy W. Hadley should contribute the other half. It was agreed between the parties that the Hutton farm should be the property of Guy W. Hadley and free from any claim of Laura Hadley Morgan except her right of support from her son. After such date Robbins Hadley exercised complete ownership of the Home farm and afterwards he and his wife, May Hadley, with full knowledge of all of the transactions, sold and conveyed the Home farm and took and appropriated to themselves the proceeds from the sale. Guy W. Hadley took full and complete possession and control of the Hutton farm and...