Lytle v. Page

• Decision Date: 13 December 1979
• Docket Number: No. 10949,10949
• Citation: 591 S.W.2d 421
• Parties: Stella P. LYTLE, Plaintiff-Appellant, v. James W. PAGE, Defendant-Respondent.
• Court: Missouri Court of Appeals

Page 421

591 S.W.2d 421

Stella P. LYTLE, Plaintiff-Appellant, v. James W. PAGE, Defendant-Respondent.

No. 10949.

Missouri Court of Appeals, Southern District, En banc.

Dec. 13, 1979.

Christopher J. Stark, Springfield, for plaintiff-appellant.

John Z. Williams, Williams & Smallwood, Rolla, for defendant-respondent.

PREWITT, Judge.

Plaintiff appeals from a judgment determining that defendant owns an interest in certain real estate in Phelps County, Missouri. Plaintiff brought this action asking that a deed to defendant be set aside and the title to the real estate be quieted in plaintiff. Defendant counterclaimed, claiming that he has an interest in the property. The trial court, sitting without a jury, found against plaintiff on her petition and for defendant on his counterclaim.

Plaintiff and defendant are brother and sister. The property in question had been owned by their father, S. W. Page. S. W. Page died on November 20, 1966. An estate was opened in the probate court of Phelps County, and the subject tracts were included in the inventory of the estate, showing that decedent owned an "undivided one-half interest" in them. The inventory was apparently filed about December 9, 1966. On January 16, 1967, defendant recorded a warranty deed from S. W. Page to defendant, dated and acknowledged July 5, 1955. Three of the four tracts described in that deed were inventoried in the estate and are the disputed property here. The deed does not purport to limit the interest conveyed to any undivided portion of the property. On February 20, 1967, the probate court entered an order to sell certain real estate inventoried in the estate, including those three tracts. On September 24, 1968, all of the property was auctioned together, and plaintiff was the highest bidder. According to the administrator's deed and the report of sale, the purchase price was $3,550. Plaintiff testified she paid $7,100 for the property and this is the price shown as received on the final settlement in the estate. It also shows that half of the sale proceeds were paid to decedent's widow. After the sale, defendant filed objections to the report of sale, and on October 24, 1968, the probate court approved the report and confirmed the sale. It found that the estate had an undivided one-half interest in the property and that defendant had "no right, title or interest to said described real estate". Defendant appealed to the circuit court of Phelps County and the case was set for hearing on April 1, 1969. Defendant testified he was ill and unable to attend, and the court refused a continuance. No evidence was offered by defendant's attorney and on that date the appeal was dismissed. The subject property, as well as the other real estate sold as part of the sale, was deeded to plaintiff by administrator's deed dated April 17, 1969. On the same date decedent's widow conveyed to plaintiff, by quit-claim deed, a part of the land described in the administrator's deed. The estate owed defendant $1,891.04 and he filed a claim for that amount. The date of his claim and its nature is not in evidence. The final settlement reflects that he was paid on April 18, 1969.

The only dispute in the evidence pertains to the deed dated July 5, 1955, from S. W. Page to defendant. Defendant testified that the deed was delivered to him on that day but he did not record it because his father wanted to continue to use the property. Defendant said he took the deed to his home in Colorado Springs, Colorado and it remained there until after his father's death when he recorded it. Defendant's son testified that he saw the deed in defendant's home in Colorado Springs prior to S. W. Page's death. The parties' sister testified that defendant told her that he found the deed among his father's papers following his father's death. She also stated that in a prior hearing in probate court, she incorrectly testified that she had seen the deed delivered during her father's lifetime. She said she did this to keep her father's widow, who was not her mother, from receiving the property and because defendant said he would sell the property and use the funds to take care of a crippled brother.

In detailed findings of fact, the trial court found that the deed of July 5, 1955 was delivered to defendant by S. W. Page prior to his death. It found that plaintiff was the highest bidder at the administrator's sale by her bid of $3,550; that defendant received $1,891.04 in payment of his claim and $301.15 as his share of the estate as an heir. The court further found that at the time plaintiff bid for the property or before she was required to pay her bid price, she knew defendant claimed the subject property. The court declared that defendant was the owner of an undivided one-half interest in two of the tracts and the owner of all of the third tract. The court ordered defendant to pay plaintiff the sum of $2,192.19, the total he received from the estate as a claimant and heir, with 6% Interest from June 18, 1969.

As defendant's interest, if any, in the property in question, arises from deed of July 5, 1955, we consider first plaintiff's contention that the trial court erroneously found that the deed was delivered during the lifetime of S. W. Page. There was evidence by plaintiff that defendant stated he found the deed in his father's papers. Defendant offered evidence that it was delivered to him and he had it in his possession from the day it is dated until he recorded it. Credibility of the witnesses is to be determined by the trier of fact. Labor Discount Center, Inc. v. State Bank & Trust Company of Wellston, 526 S.W.2d 407, 420 (Mo.App.1975). Where there is conflicting testimony, deference is given to the trial court's conclusions. Richardson v. Richardson, 524 S.W.2d 149, 151 (Mo.App.1975). There was substantial evidence to support the trial court's determination that there was delivery, so we should not disturb that finding. Murphy v. Carron, 536 S.W.2d 30, 32 (Mo. banc 1976). This point is ruled against plaintiff.

Plaintiff also contends that because defendant received certain funds from the estate in payment of his claim, and his share as an heir, that he has ratified the sale and is estopped to deny its validity as these funds came from the sale of the disputed property. The evidence does not clearly show that he received anything as an heir, but the will and final settlement lead to the inference that he received at least $301.15, and the trial court so found. Other real estate was sold by the estate along with the real estate deeded to defendant. There was no evidence as to the respective values of any of the parcels sold. Apparently it was all sold together and one bid and deed covered all tracts. The order to sell real property recited that the property was being sold because the personal property of the estate "is insufficient for the payment of its obligations". It appears that at least a portion of the proceeds from the subject real estate would have been applied to the payment of defendant's claim and the trial court found that without the sale of the subject property there was insufficient assets to pay debts and claims of the estate, including defendant's claim. It further determined that defendant knew that his claim and share as an heir was being paid from the sale proceeds.

Numerous cases hold that one who knowingly receives funds from a sale of his property, including a judicial sale, cannot thereafter deny the right of sale and claim title to the property. Some of the cases making such holdings or statements and not hereafter discussed are Roach v. Kohn, 361 Mo. 597, 235 S.W.2d 284 (1951); Cobb v. Massey, 160 S.W.2d 733 (Mo.1942); Rhodus v. Geatley, 347 Mo. 397, 147 S.W.2d 631 (1941); Milan Bank v. Richmond, 280 Mo. 30, 217 S.W. 74 (1919); Lawson v. Cunningham, 275 Mo. 128, 204 S.W. 1100 (1918); Capitain v. Mississippi Valley Trust Co., 240 Mo. 484, 144 S.W. 466 (1912) appealing after remand, 177 S.W. 628 (Mo.1915); Meddis v. Kenney, 176 Mo. 200, 75 S.W. 633 (1903); Mairs v. Knifong, 557 S.W.2d 682 (Mo.App.1977); Headlee v. Cain, 250 S.W. 611 (Mo.App.1923); Walker v. Hassler, 240 S.W. 257 (Mo.App.1922). Also see Annotations at 2 A.L.R.2d 133 and 50 A.L.R. 688. This result has been applied even if the vendor possessed no title and the sale would otherwise be void. Proctor v. Nance, 220 Mo. 104, 119 S.W. 409, 412 (1909). It has been held that where one received part of the purchase price at a judicial sale, he may not thereafter question the validity of the sale, even though it be absolutely void. Rhodus v. Geatley, supra, 147 S.W.2d at 638. While it has been called "estoppel" and "quasi-estoppel", whether this principle is properly classified under estoppel has been questioned. See Hector v. Mann, 225 Mo. 228, 124 S.W. 1109, 1116 (1910). Also see St. Louis Public Service Company v. City of St. Louis, 302 S.W.2d 875, 879 (Mo. banc 1957) and Magenheim v. Board of Education of the School District of Riverview Gardens, 347 S.W.2d 409, 419-420 (Mo.App.1961). It comes not from estoppel, but from election, ratification, affirmance, acquiescence, and acceptance of benefits. Hector v. Mann, supra, 124 S.W. at 1116. It is based on the premise that no person will be allowed to adopt that part of a transaction which is favorable to him, and reject the rest, Austin v. Loring, 63 Mo. 19, 22 (1876), and "on elevated morals, common honesty, and pure good faith". Proctor v. Nance, Supra, 119 S.W. at 412. It is perhaps more properly classified as "ratification" or "election" than estoppel. Rhodus v. Geatley, supra, 147 S.W.2d at 637-638. Whatever its designation, this principle is well established in the Missouri cases. Our supreme court has said: "There is no rule of equity more firmly settled and more just and reasonable than that one who knowingly receives the purchase price of his own estate sold by one assuming to act under a valid power estops himself, in equity, from...