Hider v. Sharp

• Decision Date: 29 December 1923
• Docket Number: No. 23641.,23641.
• Parties: HIDER v. SHARP.
• Court: Missouri Supreme Court

257 S.W. 112

301 Mo. 625

HIDER v. SHARP.

No. 23641.

Supreme Court of Missouri, Division No. 2.

December 29, 1923.

Appeal from Circuit Court, Stone County; Fred Stewart, Judge.

Action by O. L. Eider against Loren L. Sharp. Judgment for defendant, and plain tiff appeals. Affirmed.

T. J. Harper, of Reeds Springs, and Moore, Barrett & Moore, of Ozark, for appellant. W. E. Renfro, Rufe Scott, and G. W. Thornberry, all of Galena, for respondent.

WALKER, J.

This is an action in ejectment. As brought it was sought to recover 160 acres of land in Stone county, described according to government subdivisions as the northeast quarter of section 2, township 23, range 23 west. The petition was in the conventional form. The answer disclaimed possession or ownership of any of the land, except 10 acres which consisted of a rectangular strip extending east and west across the tract, the north line of same being the south line of the north half of the quarter section. Differently described, the strip constituted a part of the south half of the quarter section. Upon this strip the issue as to the ownership was framed. The case was tried before the court, a jury having been waived, resulting in a finding and judgment for the defendant, from which the plaintiff has appealed.

The plaintiff claims title under a tax deed made to him by the sheriff of Stone county, October, 1918, to satisfy a bill for unpaid taxes on the entire northeast quarter in the sum of $34.48 for the years 1915 and 1916. Of this more will be said later as disclosed by the testimony.

The defendant claims title to the 10-acre strip through mesne conveyances, beginning with the deed of Daniel L. Barlow, the patentee. Daniel L. Barlow was the `common source of title. Under a patent issued to him as a homestead entry in 1892, he acquired the ownership of the south half of the northeast quarter, usually designated as lot 1 of the northeast quarter, and the north half of the southeast quarter, consisting of 160 acres, all in section 2, township 23, range 23 west, Stone county. He took possession of the land, erected improvements thereon, and made it his home. In 1893 he and his wife sold and conveyed 70 acres of the south half of the northeast quarter to Joseph E. Edwards, retaining title to the 10-acre strip, which constituted a part of the south half of the northeast quarter, on which the buildings and other improvements were located. At about the same time he conveyed to his wife, Susannah Barlow, the 10-acre strip and the north half of the southeast quarter, or, in all, 90 acres, reserving the use of same during his life. Upon his death his widow sold and conveyed the 90 acres to John W. Stultz, who conveyed it to J. W. Nunnelby, who conveyed it to R. H. Sharp the father of the defendant, but later Nunnelby made another conveyance to the defendant.

The plaintiff acquired title in 1910, by a deed from Joseph E. Edwards to that portion of the south half, of the northeast quarter lying north of the 10-acre strip. The deed does not otherwise indicate, and there is no contention either on the part of the plaintiff or the agent he employed to assist him in securing a color of title, that Edwards made any claim to any portion of the land other than the 70 acres conveyed...