Lepchenske v. Bedell

• Decision Date: 13 November 1944
• Docket Number: No. 38974.,38974.
• Citation: Lepchenske v. Bedell, 183 S.W.2d 148 (Mo. 1944)
• Parties: LEPCHENSKE v. BEDELL et al.
• Court: Missouri Supreme Court

183 S.W.2d 148

LEPCHENSKE v. BEDELL et al.

No. 38974.

Supreme Court of Missouri, Division No. 2.

November 13, 1944.

Appeal from Circuit Court, Butler County; Randolph H. Weber, Judge.

Action in ejectment and to quiet title by Della Wright Lepchenske against Roy Bedell, trustee for his codefendants, George Baldwin, Mrs. A. R. Baldwin, doing business as A. R. Baldwin & Sons Hardware Company; E. L. Peterson and S. H. Vienhage, doing business as Acme Foundry & Machine Company; Queen City Wood Works & Lumber Company; Harry Cooper Supply Company; Landers Lumber & Cement Company, an Electrical Equipment Company; and Springfield Products Company. From a judgment quieting title in defendant trustee, plaintiff appeals.

Affirmed.

Tedrick & Tedrick, of Poplar Bluff, and J. L. Wyatt, of Springfield, for appellant.

David W. Hill, of Poplar Bluff, and Farrington & Curtis, of Springfield, for respondents.

BOHLING, Commissioner.

Della Wright Lepchenske, plaintiff nisi, appealed from a judgment quieting the title to a part of Lot No. 96 of the original Town of Poplar Bluff, Missouri, in defendant Roy Bedell, as trustee for named co-defendants. Mr. Bedell succeeded George F. Baldwin as trustee in May, 1940. Plaintiff's petition was in two counts, each in the usual form; one in ejectment, the other to quiet title. Defendants' answer also sought a decree quieting said title.

Some discussion is found in the briefs whether the cause is an action at law or a suit in equity. We think the result would be the same in either event and that time and space may be saved by proceeding with the facts. At the close of the trial nisi counsel for the respective litigants explicitly agreed that the case presented a question of fact. Plaintiff's brief here states the only questions to be determined are whether she performed or offered to perform her part of the contract or, if not, whether the court can grant her equitable relief.

On January 8, 1934, plaintiff was the owner of the property involved — the Poplar Bluff real estate; and the trustee held the legal title to property known as "Green Mills Hotel" in Greene county, Missouri. Transactions were had whereby an exchange of the respective properties was effected; plaintiff, as a part of said transaction and to adjust the differences in the agreed values of the property, executed and delivered to the trustee her certain 6% notes, aggregating $4,000, and deed of trust on the Greene county property securing said indebtedness. Default occurred in the payment of interest and the first note falling due — a 4-year $1,800 note. Negotiations were conducted looking toward a compromise and settlement, the trustee testifying he and those he represented did not want to take plaintiff's property from her. The result was an agreement of October, 1938. This agreement recited the difficulty plaintiff experienced; and parties agreed, briefly stated, that plaintiff was to convey (her husband joining) the Greene county property to defendant trustee, pay the delinquent taxes on said property (amounting to approximately $600), receive a reconveyance of the Poplar Bluff property from defendant trustee, subject, however, to her note secured by a deed of trust thereon, in the sum of $993.74 to cover outlays by the trustee...