Odle v. Odle

• Citation: 73 Mo. 289
• Parties: ODLE v. ODLE et al., Appellants.
• Decision Date: 31 October 1880
• Court: Missouri Supreme Court

73 Mo. 289

ODLE

v.ODLE et al., Appellants.

Supreme Court of Missouri.

October Term, 1880.

Appeal from Henry Circuit Court.--HON. F. P. WRIGHT, Judge.

REVERSED.

Pratt, Brumback & Ferry for appellants.

HENRY, J.

By this proceeding, plaintiffs seek to set aside a deed of trust of certain lands executed by John Odle and wife to Wallace Pratt, in trust to secure the payment of a sum of money owing by said Odle to the defendant insurance company. The following facts are admitted and agreed upon by both parties: That the plaintiffs, Calvin Odle, Dorotha Odle, James William Odle and John Henry Odle, are minors; that they are the only legal heirs of Janette M. Odle, deceased; that Charles T. Collins is their curator; that on the -- day of January, 1863, one W. F. Haines died intestate, leaving as his only heirs at law S. F. Williams, Calvin Williams and Dorotha J. Shelton, formerly Williams, and Janette M. Odle, formerly Williams, the mother of these plaintiffs; that said W. F. Haines died seized and possessed of the land described in the petition of plaintiffs; that each of said uncles and aunts was entitled to one-fourth part of said real estate upon the death of said Haines; that at the time of the decease of said Haines, Janette M. Odle was the wife of John Odle, one of the defendants, who is the father of plaintiffs; that in November, 1865, after the death of said Haines, an amicable arrangement was made between the above named heirs of said Haines for the partition of said land which descended to them from said Haines; that said arrangement was entered into while the mother of these plaintiffs was living with John Odle as his wife; that in order to carry out said arrangement the mother of these plaintiffs joined with her husband in a conveyance to the other coheirs with her in said Haines' estate, to-wit: Calvin Williams and S. F. Williams, by which she conveyed to her said brothers the part of said real estate allotted to each one of them respectively, which conveyances are recorded in book O, pages 163 and 164; that about the time said arrangement for said partition was made, the said defendant, John Odle, bought the interest of Dorotha J. Shelton for about $500; that the conveyance from Calvin Williams, S. F. Williams and Dorotha Shelton, conveying to John Odle the land described in the petition, is herewith filed and made a part hereof; that the consideration for the conveyance of the interest of said Dorotha Shelton in said deed moved from John Odle, and the consideration for the conveyance of Janette M. Odle's interest therein was the conveyance by her to the other heirs, of her interest in the estate of said Haines, and no consideration moved from John Odle to the grantors in said deed, for the conveyance to him of the interest of his then wife; that said deed to John Odle, as well as the deeds from Janette M. Odle and John Odle to the other heirs, was duly acknowledged so as to pass the whole title each had in the interest of the others respectively, and was filed for record on the 20th day of November, 1865; that said Janette M. Odle died in 1872; that since the death of the mother of plaintiffs, John Odle and his present wife have executed and delivered to Wallace Pratt, one of the defendants herein, as trustee for the Northwestern Mutual Life Insurance Company, a deed of trust conveying the following portion of land described in the deed to John Odle, above referred to, and which was inherited by the mother of these plaintiffs, from said Haines, to-wit: The northeast quarter of northeast quarter section 31, and north half of northwest quarter section 32, township 42, range 26, to secure the payment of certain indebtedness owing by said Odle to said Northwestern Mutual Life Insurance Company, which deed is duly recorded in book 8, pages 33, 34 and 35; that prior to the execution of said deed of trust, the deeds above referred to making partition of said land between said heirs, had been duly recorded in the recorder's office in Henry county, Missouri, and that prior to the execution of said deed of trust, the Northwestern Mutual Life Insurance Company had inspected, by its agents, an abstract of the title to said real estate; that no conveyance was ever made by Janette M. Odle to any one of her undivided interest in the land conveyed to John Odle; that neither the Northwestern Mutual Life Insurance Company nor the said Pratt, prior to the execution of said deed of trust, had any knowledge of the facts hereinbefore stated relative to the agreement and partition between the heirs of William F. Haines, deceased, or that the deed to John Odle conveyed any part of said premises in trust for said Janette M. Odle, other than may be contained in said...