Meigs v. Morris

• Decision Date: 17 October 1896
• Citation: 37 S.W. 302
• Parties: MEIGS et al. v. MORRIS.
• Court: Arkansas Supreme Court

37 S.W. 302

MEIGS et al. v. MORRIS.

Supreme Court of Arkansas.

October 17, 1896.

Appeal from circuit court, Benton county; Edward S. McDaniel, Judge.

Action by R. S. Morris against T. M. Meigs and others. Judgment for plaintiff, and defendants appeal. Affirmed.

This action was brought by R. S. Morris to recover from appellants, T. M. Meigs et al., the possession of a tract of land containing five acres. Morris purchased the land from one Morgan, to whom it had been sold and conveyed by John W. Boling. The land was formerly owned by Boling, under whom both appellee and appellants claim title. The appellant T. M Meigs married a daughter of Boling, and the other appellants are children of this marriage. In the year 1876 Boling gave Meigs and his wife possession of this land, upon which there was a small house. The appellants claim that Boling, as an inducement to have his daughter, the wife of Meigs, live near him, agreed to give her this tract of land if she and Meigs would reside upon it. Appellants allege that the gift was accepted, and that, by reason of said promise of Boling, Meigs and his wife took possession of the land, made valuable improvements upon it, purchased other land adjoining said tract, made it their home, and lived upon it for many years. Mrs. Meigs died in 1889, but her husband and children continued to remain in possession until the commencement of this action. Boling never conveyed the land to Meigs or his wife, but after having mortgaged it he conveyed it in 1892, by quitclaim deed, to Morgan, who sold to Morris. The appellants filed their answer and cross complaint, setting forth above facts, and denying that Boling had any right to convey the land. They allege that they were in the actual possession of the land, claiming the ownership thereof, and that both Morgan and Morris had notice of such claim at the time of the conveyances to them. Prayer of their cross complaint was that such conveyances be set aside and canceled, and for other relief. Deposition of Boling was read on part of appellants. He testified in part as follows: "I gave Martha, my daughter, and T. M. Meigs possession of the house which stands on the five acres in controversy, and told her she could have it as a home. Ques. Did you not say to your daughter and her husband that, if they would buy the adjoining claim, that you would give your daughter the tract in controversy? Ans. I told them that I would let them have it. Ques. Did your daughter and her family go into possession, and remain in possession up to the time of her death, and after her death defendant Meigs and family continue in possession, with your full knowledge and consent? Ans. Yes, sir; of course. Ques. Have you at any time since they went into possession ever set up claim to the lands in controversy to them, or to any one else? Ans. In this way, — I never made any deed, and held it as my property. I reckon you might call it that way. Ques. At the time you told your daughter that she could have it, was it your intention at that time to make her a deed to the land? Ans. Well, if she had lived. I expect I would if she had lived. It was my intention at the time I first gave her possession. Ques. Was her death the reason you had for not making the deed? Ans. Well, it might have been in part, but I never was called upon, and it just remained so." On cross-examination he said: "Some time before her death, — could not tell how long. — I promised Martha to deed her this land. At that time she was living on a corner of the five acres. I mortgaged the land twice before my daughter's death, — once to Horner and once to Morris. Ques. At the time you mortgaged the land, did you consider yourself the absolute owner of it? Ans. Well, you might call it any way you choose. The title was in me, but they were in possession. If I hadn't considered myself the proper owner, I wouldn't have mortgaged it. * * * The day I sold to Lewis he asked me what I reserved the five acres for, and I spoke, and I spoke, and told him this: that Meigs' wife was a poor, sickly thing, and that it was for her benefit; also, if I took a notion and wanted to move back from town, I could build and live close to her in my old age. Ques. Was it your intention at the time you put Mrs. Meigs and her husband in possession of the land that they should hold possession of the same under you, and by your consent, until you got ready to deed the land to her? And did Mrs. Meigs and her...