Ledbetter v. Phillips

• Decision Date: 02 June 1916
• Docket Number: No. 17951.,17951.
• Parties: LEDBETTER et al. v. PHILLIPS et al.
• Court: Missouri Supreme Court

187 S.W. 9

LEDBETTER et al. v. PHILLIPS et al.

No. 17951.

Supreme Court of Missouri, Division No. 1.

June 2, 1916.

Appeal from Circuit Court, Howell County; W. N. Evans, Judge.

Action by P. A. Ledbetter and husband against A. W. Phillips and others. Judgment for defendants, and plaintiffs appeal. Affirmed.

On January 30, 1912, P. A. Ledbetter, the only child and heir at law of Henry Goodman, deceased, and J. M. Ledbetter, her husband, commenced in the circuit court of Howell county aforesaid an action to quiet title under section 2535, R. S. 1909, to the south half of the northeast quarter and north half of the southeast quarter of section 19, township 26 north, range 7 west, containing 160 acres, and claiming to be the owners thereof. Defendants A. W. and E. C. Phillips filed a separate answer, claiming to be the owners of the north half of the southeast quarter of said section 19; and defendants S. S. De Board and Cora De Board, husband and wife, filed a separate answer, claiming to be the owners of the south half of the northeast quarter of said section 19. Except as to the land described, the above separate answers were duplicates of each other.

Henry Goodman, father of P. A. Ledbetter, homesteaded the 160 acres of land above described, and made his final proofs required of homestead claimants on January 2, 1877. The patent, however, to said land, was not issued to Henry Goodman until February 15, 1884, although homestead final certificate 1568 was issued to him March 22, 1877. Henry Goodman died April 22, 1878.

All of the defendants appeared to above action, except Christopher C. McGuire, Grace D. McGuire, and T. W. Brower, who were duly served by publication, but made default therein. The case was submitted to the court without a jury. Upon a full consideration of the evidence and argument of counsel the trial court found that plaintiffs had no right, title, nor interest whatever, either legal or equitable, in any of the 160 acres of land in controversy and heretofore described. The court further found that defendants A. W. Phillips and E. C. Phillips are owners in fee of said north half of the southeast quarter of section 19 aforesaid, and that defendants S. S. De Board and Cora De Board are the owners of said south half of the northeast quarter of section 19 aforesaid.

Judgment was entered in due form in accordance with above findings. The case was submitted to the court without instructions. The evidence disclosed by the record, as far as necessary, will be considered in the opinion to follow.

R. S. Hogan and Green & Green, all of West Plains, for appellants. J. N. Burroughs and M. E. Morrow, both of West Plains, for respondents.

RAILEY, C. (after stating the facts as above).

I. The case was tried without the intervention of a jury and without instructions. On the facts disclosed by the record this is an action at law. If, therefore, there is any substantial testimony in the record sustaining the judgment of the trial court, it becomes our plain duty to affirm the judgment. Buford v. Moore, 177 S. W. loc. cit. 872; Chilton v. Nickey, 261 Mo. 232, 169 S. W. 978; Morrison v. Bomer, 195 Mo. 535, 94 S. W. 524; Bartlett v. Kauder, 97 Mo. loc. cit. 359, 11 S. W. 67; Schad v. Sharp, 95 Mo. loc. cit. 579, 8 S. W. 549; Hamilton v. Boggess, 63 Mo. loc. cit. 251, 252. The trial court had before it the witnesses, and was the sole judge of their credibility.

It is admitted that Henry Goodman is the common source of title, and that he died on April 22, 1878.

J. M. Garrett testified, that in ...