Miles v. Robertson

• Decision Date: 02 June 1914
• Docket Number: No. 16511.,16511.
• Parties: MILES et al. v. ROBERTSON et al.
• Court: Missouri Supreme Court

167 S.W. 1000

258 Mo. 717

MILES et al. v. ROBERTSON et al.

No. 16511.

Supreme Court of Missouri, Division No. 1.

June 2, 1914.

1. DEEDS (§ 56)—DELIVERY—WHAT CONSTITUTES.

Delivery of a deed may be shown by acts without words, or by words without acts, or by both combined, and it may take place and the deed still remain in the possession of the grantor; the underlying principle being the expression of an intention of the parties that the dominion over the instrument shall pass from the grantor to the grantee beyond the power of the grantor to recall it.

2. EVIDENCE (§ 390)—PAROL EVIDENCE.

Where a deed has been delivered, it thenceforth speaks for itself, unaffected by any conditions or limitations not written therein.

3. DEEDS (§ 56)—DELIVERY—EVIDENCE.

Brother and sister having resided together for many years on the property in controversy, and she having invested $1,500 in improvements thereon, he executed a warranty deed of the place to her, without any conditions expressed therein, and handed it to her, saying, "Here is your deed." He told her to take it and lay it away "until the change comes," and, if he died first, she would have something to secure her a home, and, if she died first, he would make her secure; that the land would then remain in him. She took the deed, placed it in her trunk, where it remained until just prior to his death, when she had it recorded. In the meantime he conveyed the property to another; but, it not being paid for, he took it back and, with his sister, resumed possession. Held sufficient to show a valid delivery.

Appeal from Circuit Court, Phelps County; L. B. Woodside, Judge.

Action by Lulu L. Miles and others against Martha E. Robertson and others. From the judgment, plaintiffs and defendants Beeler appeal. Affirmed.

This action was begun in the circuit court for Phelps county July 2, 1910, to secure the determination by the court of the interests of the respective parties in about 170 acres of land in that county. There was also a separate count for partition of the same land. The plaintiffs are Lulu L. Miles and Ida M. Collins, who state that they are the owners of an undivided 140/840 of the land; and the defendants are Martha E. Robertson, alleged to be the owner of an undivided 649/840, John Hale 20/840, Maude Roster, of 10/840, and Walter Beeler, Grace Beeler, and Homer Beeler of 7/840 each.

The respective titles of the parties are stated as follows:

"That on the 15th day of January, A. D. 1909, Albert C. Robertson departed this life intestate at Phelps county, Missouri, seised and possessed of the fee-simple title to the above-described real property; that the said Albert C. Robertson left surviving him no widow or children, and no father or mother, but leaving as his sole and only heirs his sister, the defendant, Martha E. Robertson, his sister Margaret Love, and his sister Mary Blain, and the plaintiff, Lulu L. Miles, formerly Robertson, and Ida M. Collins, formerly Robertson, only children and heirs of W. E. Robertson, a brother of Albert C. Robertson, and W. R. Hale, John Hale, A. B. Hale, Samuel Hale, Caroline Hale, who intermarried with one Parry, children of Sarah Hale, and Walter Yowell, Otto Roster, and Maude Roster, grandchildren of Sarah Hale, composing the sole and only heirs at law of Sarah Hale, sister of the deceased Albert C. Robertson, and B. F. Wood, H. W. Wood, and Dora Wood, children of Lucinda Wood, and Ubert Beeler, Walter Beeler, Emma Beeler, Grace Beeler, and Homer Beeler, grandchildren of Lucinda Wood, deceased, a sister of the said Albert C. Robertson, deceased, composing the sole and only heirs of the said Lucinda Wood.

"That the following named heirs of the said Albert C. Robertson have conveyed their interest in the above real estate to Martha E. Robertson, to wit: Margaret Love, Mary A. Blain, W. R. Hale, A. B. Hale. Samuel Hale, Caroline Hale (now Parry), B. F. Wood, H. W. Wood, Dora Wood, Walter E. Yowell, Otto Roster, Ubert Beeler, Elma Beeler, and Crawford Beeler, whereby said defendant Martha E. Robertson has acquired the undivided 649/840 interest in said land."

The petition further stated that the defendant Martha E. Robertson was in possession claiming the entire title. The three Beelers, defendants, were minors and nonresidents of the state. They answered, through their guardians ad litem, disclaiming knowledge or information of the facts. Martha E. Robertson denied the allegations of the petition, and set up that she was the owner of the entire title. The other two defendants did not answer, nor have they appealed. The plaintiffs replied to the answer of Martha E. Robertson that she claimed absolute ownership under a "purported" deed from A. C. Robertson which with without consideration, and had never been delivered. On the trial Martha E. Robertson admitted that she claimed title to the lands as grantee of A. C. Robertson, who died January 15, 1909. The deed was introduced in evidence. It was dated June 17, 1899. It conveyed the land in question, with the usual covenants of an indefeasible title in fee, and against incumbrances, and was witnessed by W. E. Yowell, the same mentioned in the petition as an heir of A. C. Robertson, and by one S. M. Lorts. It was acknowledged before Robert C. Carpenter, notary public for Phelps county, and recorded January 23, 1909.

The real and only question is upon the delivery of the deed. The evidence, about which there was no dispute, was to the effect that Mr. Robertson was a bachelor who, at the time of the execution of the deed, was old and feeble, and described himself as not having long to live. Miss Robertson was a spinster well advanced in years, although not as old as her brother, and had always lived with and kept house for him, except during 14 years when she was at work in Montana for monthly wages. Upon her return she again went to live with and keep house for her brother, investing about $1,500, which she had acquired, in the improvements on this farm, which was their home. On the morning of the day the deed was made he told her that he would go into St. James and fix the deed for her. When he came back, which was before noon, he came through the house and presented her the deed, saying, "Here is your deed." He further said:

"Take it and lay it away, and let it lay there until the change comes, and, if I have to go first, you will have something to secure you a home, and, if you die first, I will make you secure. The land then still remains in me."

He said:

"I am old, and am liable to go first, but the deed is yours."

In answer to a question by plaintiff's counsel, Miss Robertson said that she took his intention to be that, if she died first, he would still have the land. He told her to put the deed in her trunk. She put it in the till, and he never saw where it was put. She saw it three or four times afterward. She said that he said to her that the deed would hold until after he was gone, and then have it recorded, which she did.

After the making of this deed, he sold the land and personal property on it to a Swiss who lived in St. Louis, named Meinschmidt, for $3,500, conveying it himself, and taking a deed of trust for $3,000 of the consideration in his own name. Meinschmidt did not pay for it, and Robertson took it back, and he and Miss Robertson both "came back home." They were gone a year. Mr. Robertson always had the land assessed in his name; but Miss Robertson paid a good part of the taxes. Mr. Robertson always managed it. When he...