Johnson v. Bedwell
| Decision Date | 05 March 1896 |
| Docket Number | 1,877 |
| Parties | JOHNSON ET AL. v. BEDWELL |
| Court | Indiana Appellate Court |
Petition for rehearing overruled May 6, 1896
From the Grant Circuit Court.
Judgment affirmed.
G. W Harvey and A. De Wolf, for appellants.
Ratliff & Cline and Carroll & Dean, for appellee.
This was an action brought by the appellee, against appellants James Johnson and the Upland Land Company, upon a promissory note, executed by them to her. To the complaint the appellants answered: (1) A general denial. (2) No consideration. (3) No consideration for all in excess of $ 5.00, and that consideration in excess of $ 5.00 had failed. (4) Fraud. The plaintiff replied: (1) A general denial; and (2) that the title to the real estate, in the purchase of which the note sued on was given, had been perfected before the bringing of this action.
The court made a special finding of facts, with conclusions of law thereon, as follows:
1. The defendant, the Upland Land Company, is a corporation, organized under the laws of the State of Indiana, and existing since September, 1892, with its office and place of business at the town of Upland, in Grant county, Indiana, and engaged in the purchase and sale of real estate, in and adjacent to said town, and in promoting the location of factories on the real estate in and adjacent to the P., C., C. & St. L. R. W., which railway is the only railway at, or within, seven miles of the town of Upland.
2. The defendant, James L. Williams, is the father of Cyrus Williams, John W. Williams, Amy A. Bedwell, and Thomas Williams, and was the owner of a certain tract of land situated in Grant county, State of Indiana, to-wit: the southeast quarter of section 3, township twenty-three north, range nine (9) east, containing 160 acres, more or less, excepting two tracts, described as follows, to-wit:
First Tract. Commencing 56 rods north of the southwest corner of said quarter-section, running thence east 10 rods, thence north 16 rods, thence west 10 rods, thence south 16 rods, to the place of beginning, containing one acre.
Second Tract. Commencing 104 rods north of the southwest corner of said quarter-section, running thence east 20 rods, thence north 12 rods, thence east 24 rods, thence north 37 1/2 rods, more or less, to the right-of-way of the P., C., C. & St. L. R. W., thence west on the south line of said right-of-way 44 rods, to the west line of said quarter-section, thence south on said line 53 rods and 12 feet, more or less, to the place of beginning, containing thirteen acres, more or less.
3. Said James L. Williams conveyed to his children parts, or portions, of said tract of land as follows:
To Amy A. Bedwell and children, he conveyed a tract commencing 44 rods east of the northwest corner of the southeast quarter of section 3, township 23 north, range 9 east, and 42 feet south of the north line of the above described quarter-section, running 76 rods parallel with the railroad track, thence south 49 rods, thence west 100 rods, thence north 12 rods, thence east 24 rods, thence west 100 rods, thence north 12 rods, thence east 24 rods, thence north 37 1/2 rods to the place of beginning, containing 25 acres; it being a part of the southeast quarter of section 3, township 23 north, range 9 east.
To Cyrus Williams he conveyed a tract of land commencing 81 1/2 rods west of the southeast corner of section 3, township 23 north, range 9 east, thence north 108 rods, thence west 37 rods and 1 link, thence south 108 rods, thence east 37 rods and 1 link, to the place of beginning, containing 25 acres, more or less; being a part of the southeast quarter of section 3, township 23 north, range 9 east.
To John W. Williams he conveyed a tract of land off the east end of the southeast quarter of section 3, township 23 north, range 9 east, said tract conveyed being bounded as follows: Beginning at the southeast corner of the southeast quarter of section 3, township 23 north, range 9 east, running thence north 160 rods, thence west 40 rods to the place of beginning, containing in all 40 acres, more or less.
To Thomas W. Williams, who conveyed it to Martha R. Williams, wife of his brother, John W. Williams, the following tract of land: Commencing 40 rods west of the southeast corner of section 3, township 23 north, range 9 east, thence running north 108 rods, thence west 41 1/2 rods, thence south 108 rods, thence east 41 1/2 rods, to the place of beginning, containing 28 acres, and being a part of the southeast quarter of section 3, township 23 north, range 9 east.
4. The said James L. Williams retained the ownership of the following described tract: Beginning at the southwest corner of the southeast quarter of section 3, township 23 north, range 9 east, thence north 56 rods, thence east 10 rods, thence north 16 rods, thence west 10 rods, thence north 32 rods, thence east 20 rods, thence north 4 rods, thence east 21 rods, more or less, thence south 108 rods, thence west 41 rods, more or less, to the place of beginning, containing 26.62 acres, out of the southeast quarter of section 3, township 23 north, range 9 east.
5. In the prosecution of its purpose, the said Upland Land Co., through its agent, John W. Pittenger, entered into negotiations with said John W. Williams, for the purchase of the said several tracts of said real estate, owned, as aforesaid, by James L. Williams, Cyrus Williams, Martha R. Williams, Amy A. Bedwell, and John W. Williams; and the said John W. Williams, acting in his own behalf, as to his tract, and as agent for said owners of the other four tracts, aforesaid, negotiated a sale of all of said five tracts of land to said Upland Land Company, through its said agent, John W. Pittenger, at and for the agreed price of nineteen thousand dollars ($ 19,000.00), for all of said tracts, the said John W. Williams refusing to sell any of said tracts to said Upland Land Company unless said company would buy them all.
Pursuant to said sale, said owners of the said several tracts conveyed the same, by deeds of general warranty, to the said Upland Land Company, and the terms as to payment and credit were made and agreed upon between said land company and said John W. Williams, acting in his own behalf and as agent for the other grantors.
6. Said five tracts of land are located in said southeast quarter of section 3, township 23, north range 9 therein indicating rods, unless otherwise specified, and the street and railway extending along the lines of said land as indicated, said plat being as follows:
[SEE DIAGRAM IN ORIGINAL]
7. Through the lands, exhibited in the plat accompanying, finding six (6) herein, a curved ravine extends from the railroad, at the north end of John W. Williams' tract, and terminates near the middle of the west line of the James L. Williams tract, and includes upon its west side a part of the southeast corner of the Amy A. Bedwell tract, and divides the other tracts through which it passes, in such way as to leave 60 acres southeast, and 30 acres northwest of said ravine, and so as to make it practicable to construct a switch, or spur, from said railroad, leading into and over said 60-acre tract and entering upon the same over the northeast corner of the said John W. Williams tract, it being also practicable to construct like spurs and switches from said railroad over the Amy A. Bedwell tract to said 30-acre tract lying northwest of said ravine, but it being impracticable to construct switches and spurs over and across said ravine.
8. The real estate conveyed by said James L. Williams, to Amy A. Bedwell and children, as set out in finding three (3) herein, was thus conveyed on the 31st day of March, 1888, by deed of general warranty, duly acknowledged as follows:
[SEAL] "JAMES L. WILLIAMS.
[SEAL] "NANCY [X] WILLIAMS Her mark.
[SEAL] "JOS. E. BALLINGER, Notary Public.
"Notary Public, "J. E. BALLINGER, Upland, Indiana."
And said deed was, on the 31st day of March, 1888, duly recorded in the office of the recorder of Grant county, Indiana.
9. The agreed consideration for the whole lot of land was $ 19,000.00, out of which it was agreed that $ 230.00 should be retained by the Upland Land Company, on...
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