McBroom v. McBroom
| Decision Date | 17 November 1919 |
| Docket Number | (No. 217.) |
| Citation | 215 S.W. 627 |
| Parties | McBROOM et al. v. McBROOM et al. |
| Court | Arkansas Supreme Court |
Walker & Walker, of Fayetteville, for appellants.
Tom Williams and A. L. Smith, both of Siloam Springs, for appellee.
Appellee, Thomas J. McBroom, instituted suit against appellants in the Benton chancery court to restore a quitclaim deed from appellants to him, conveying 340 acres of land in said county, particularly described in the complaint. The bill alleged, in substance, that appellee owned said lands; that on account of said appellee's reputed wealth Edna Ridgway, a resident of Kansas City, Mo., for mercenary purposes only, had entangled him in a contract of marriage; that appellee, after consultation with appellants, his son and daughter-in-law, entered into an arrangement with them, whereby he would convey the lands in controversy to them, and they, in turn, reconvey them to him, so that the first deed might be placed of record when advisable, in order to prevent Edna Ridgway from annoying and harassing him; that, pursuant to such an agreement between appellee and appellants, appellee executed and delivered a warranty deed, describing said real estate, to appellants on the 11th day of June, 1915, and on the next day appellants executed and delivered a deed, describing said real estate to appellee; that due to an investigation of appellee's financial affairs by Edna Ridgway, at a later date, the first deed was recorded on April 24, 1917; that the deed from appellants to appellee was lost after the first deed was recorded, and was never placed of record; that appellants refuse to execute another conveyance of said real estate to appellee; that appellee has been in the continuous possession of and enjoyed the rents and profits from said lands; that appellants are asserting ownership under deed of date June 11, 1915.
Appellants answered, admitting that they executed a quitclaim deed to appellee for said lands on the 12th day of June, 1917, but asserting that at the time they had no title thereto for the reason that the warranty deed from appellee to them had not at the time been delivered; that they acquired title to said lands on the 24th day of April, 1917, at which time appellee placed the warranty deed, executed by him to them of date June 11, 1915, on record, thereby intending to deliver said deed to them.
Appellants also filed a cross-bill, setting up that, after the delivery of said warranty deed by the act of recording same, appellee executed a mortgage on the land in controversy to Tom Williams, for $500, without right or authority, thereby casting a cloud upon their title.
Appellants prayed for a dismissal of the original bill and a cancellation of the mortgage. Tom Williams entered his appearance to the cross-bill, and the cause proceeded to trial upon the pleadings, depositions, and exhibits thereto, which resulted in a decree, establishing and quieting the title to said real estate in appellee, and sustaining the mortgage of Tom Williams as a valid and subsisting lien thereon. From that judgment an appeal has been prosecuted to this court, and the cause is before us for trial de novo.
The incidents leading up to the execution of the deeds in question are as follows: Appellee, a widower 70 years of age, obtained information that Edna Ridgway, a woman of 40 years of age, residing in Kansas City, was matrimonially inclined. A courtship by correspondence ensued, which resulted in an engagement to marry, and a marriage contract binding appellee to pay Edna Ridgway $1,000 and deed her 40 acres of land in Boone county, Ark. During the period of courtship lasting from May until October in the year 1914, the money was advanced in installments. According to arrangements by correspondence, appellee met Edna Ridgway at a Kansas City depot, and accepted an invitation to her home. He remained in Kansas City quite a while, and boarded for some days in Edna Ridgway's home, during which time he provided edibles for the table. Before the visit was concluded, appellee discovered that his fiancée was not to his liking, and refused to marry her. Thereupon she instituted a suit for $30,000 against him in the circuit court of Kansas City, for trifling with her affections. After this sudden culmination of the short courtship, he returned home and employed attorneys to defend the breach of promise suit. Later he sought advice from Squire Hays. The squire advised him to convey the valuable farm in question to his son, E. R. McBroom, and record the deed, and in self-protection, to take a conveyance back from his son and wife. Such an agreement was entered into by said appellee and appellants. On June 12, 1915, appellee, Thomas J. McBroom, and the appellants met in the office of Squire Hays at Siloam Springs, Ark., for the purpose of passing the title to said real estate by deed from Thomas J. McBroom to E. R. McBroom, so that it might be recorded when necessary to prevent annoyance or the further prosecution of the breach of promise suit by Edna Ridgway; and for the further purpose of taking a quitclaim deed from appellants to appellee, Thomas J. McBroom, so that he might have it recorded after the storm had passed.
The incidents thus related are gleaned from the undisputed evidence in the case. It is also undisputed that the warranty deed was prepared and retained by Squire Hays on the day before the meeting, and that the quitclaim deed, executed by appellants to said appellee was signed, acknowledged, and delivered to appellee on the day of the meeting, after Squire Hays parted with the custody or possession of the warranty deed.
Thomas J. McBroom testified, with reference to the disposition of the deeds, as follows:
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