Johnson v. Crowley

• Decision Date: 01 December 1916
• Docket Number: No. 17880.,17880.
• Parties: JOHNSON et al. v. CROWLEY et al.
• Court: Missouri Supreme Court

191 S.W. 690

JOHNSON et al. v. CROWLEY et al.

No. 17880.

Supreme Court of Missouri, Division No. 1.

December 1, 1916.

Appeal from St. Louis Circuit Court; Thomas C. Hennings, Judge.

Suit by Rosa Johnson and others against Kate Crowley and others. From a decree for plaintiffs, and for defendants Ben E. W. Ruler and another, defendant Crowley and others appeal. Affirmed.

This suit was instituted in the circuit court of the city of St. Louis by the plaintiffs against the respondents. The petition was in two counts: The first is an action in ejectment to recover the possession of a certain house and lot situate in said city, particularly described in the petition; the second is a proceeding in equity setting up affirmative matters, and asks that the title to said property be decreed to be in them.

The answer of the Crowleys admitted they were in the possession of the property as the tenants of McElroy, but denied having any other interest in the same. McElroy's answer pleaded that the sale of the property by the Crowleys to the Johnsons was procured by fraud and deception practiced upon them by the latter; that he had purchased the land from the Crowleys and the title thereto had been conveyed to him by their quitclaim deed, and with this prayer:

"Wherefore the premises considered defendant prays that the said deed to the property described in the petition executed by defendants, Kate Crowley and Francis Crowley, be set aside and for naught held, and that the deed of trust executed by plaintiffs on said property now held by the West St. Louis Trust Company be set aside and for naught held (the Johnsons in the meantime having mortgaged the property to the trust company), and that this court decree that the clouds on defendant's title created by said deed and deed of trust be removed, and defendant declared to be the lawful owner of said property, and for all other proper relief and for his costs in this behalf expended."

And it asked that the deed conveying the property to the Johnsons be set aside and canceled, etc.

The cause was tried before the court, which resulted in a decree in favor of the plaintiffs, and the defendants Ben E. W. Ruler, trustee for Matilda Johnson and the West St. Louis Trust Company, who were made defendants because they held certain deeds of trust on the property (not material to this case). After unsuccessfully moving for a new trial, the defendants Kate and Francis Crowley and John McElroy duly appealed the cause to this court.

The facts of the case, as disclosed by the pleadings and evidence, are few and simple. The defendants Crowley owned the property in controversy, and had advertised it for sale, and within a few days thereafter the plaintiffs, with one Mehan, called at the home of the Crowleys and negotiated with what they term "an earnest money contract" for the sale of the property to plaintiffs for the sum of $1,450, $800 of it to be paid in cash and the balance, $665, with interest, to be secured by a second deed of trust on another piece of property...