Ladd v. Anderson

• Decision Date: 24 March 1896
• Citation: 133 Mo. 625,34 S.W. 872
• Parties: LADD et al. v. ANDERSON et al.
• Court: Missouri Supreme Court

34 S.W. 872

133 Mo. 625

LADD et al. v. ANDERSON et al.

Supreme Court of Missouri, Division No. 1.

March 24, 1896.

TRUST DEEDS — RECORD — PRIORITY.

A valid trust deed, duly recorded, is superior to one previously executed, but which had not been deposited for record, and of which the later grantee had no notice, within Rev. St. 1889, § 2420, providing that no deed shall be valid except between parties with notice, till the same shall have been deposited with the recorder for record.

Appeal from circuit court, Stoddard county; John G. Wear, Judge.

Suit by F. M. Ladd and others against James P. Anderson and others to correct and reform a deed. From a judgment in favor of plaintiffs, defendants appeal. Affirmed.

T. J. Mauldin, Thos. Connelly, and Linus Sanford, for appellants. Wilson Cramer, for respondents.

BRACE, C. J.

One Anderson Birchfield, by warranty deed, dated the 18th of October, 1889, and recorded on the 23d day of October, 1889, conveyed to the defendant James P. Anderson "the south half of lot one of the southwest quarter, and the south half of lot two of the southwest quarter, of section six, township 24, range ten, containing 79 64/100 acres," in Stoddard county. The said defendant James P. Anderson, by his deed, dated the 18th day of October, 1889, conveyed the said real estate to James Birchfield, in trust to secure the payment to said Anderson Birchfield of three promissory notes of that date, each for the sum of $300, payable to his order, with 10 per cent. interest, — one on the 1st day of January, 1892; one on the 1st day of January, 1895; and the other on the 1st day of January, 1897. This trust deed was acknowledged the same day, and filed for record and recorded on the 2d day of November, 1889. The said defendant James P. Anderson, by another deed, dated the 21st day of October, 1889, conveyed to the plaintiff F. M. Ladd the "south half of the southwest quarter of section six, township 24, range 9, in Stoddard county," in trust to secure the payment to plaintiff Charles D. Mathews of three promissory notes of that date, — one for $100, payable two years after date; one for $200, payable three years after date; and one for $200, payable four years after date, — all bearing 10 per cent. interest. This trust deed was acknowledged the same day, and filed for record and recorded on the 22d day of October, 1889. On the 4th of August, 1890, the said Ladd and Mathews instituted this suit against the said Anderson and Birchfield to reform said last trust deed from Anderson to Ladd, by making the same read "range ten" instead of "range nine," and to declare the same a prior lien upon the real estate first hereinbefore described. From the decree of the circuit court reforming said last-mentioned deed of trust, and adjudging the same to have priority over the deed of trust executed by Anderson to Birchfield on the 18th day of October, 1889, as prayed for, the defendants appeal.

The following abstract,...