Ogle v. Hignet

• Decision Date: 12 March 1901
• Citation: 161 Mo. 47,61 S.W. 596
• Parties: OGLE v. HIGNET et al.
• Court: Missouri Supreme Court

61 S.W. 596

161 Mo. 47

OGLE v. HIGNET et al.

Supreme Court of Missouri, Division No. 2.

March 12, 1901.

INFANTS — CONTRACTS — CONVEYANCE — VENDOR AND VENDEES — ADVERSE POSSESSION — LIMITATIONS.

1. Where a minor made a parol sale of land, and the vendee took possession, and paid the purchase price, his possession was adverse, and was not that of a vendee in possession under an unexecuted contract of sale merely because the minor had promised to execute a deed when he attained majority.

2. Gen. St. 1865, c. 191, § 4, provides that, if a minor is entitled to sue to recover realty, the time during which minority continues shall not be deemed any portion of the ten years limited for the commencement of such action, but he may bring the action after the time limited if within three years after attaining majority. A minor sold property in 1886, and became of full age in 1891, and six years afterwards he deeded the land to another. Held, that the minor's rights were barred, and the deed conveyed no interest.

Appeal from circuit court, Pike county; Reuben F. Roy, Judge.

Action of ejectment by Hugh Ogle against Sarah J. Hignet and others. From a judgment in defendants' favor, plaintiff appeals. Affirmed.

J. D. Hostetter, for appellant. Jas. D. Kincaid, for respondents.

GANTT, J.

This is an action of ejectment for an undivided one-fourth of the N. W. ¼ of the S. E. ¼ of section 25, township 54, range 5 E., in Pike county, Mo. The answer is a general denial. Joseph Keithly is the common source of title. By his will said Keithly devised the said 40 acres to his wife for life, remainder to his four sons. His wife died in 1884. Three of the sons were adults, and one a minor about 13 years old. In 1886 the three adult heirs conveyed their three-fourths interest to Dr. C. A. Wicks, and the minor, Osa Keithly, by parol sold his undivided fourth to Dr. Wicks, who paid him the purchase price in full, and Dr. Wicks took possession of the whole tract, and fenced it, and used it as a pasture until the time of his death. His administrator took charge of it until it was partitioned among the heirs of Dr. Wicks. In the partition it was assigned to Mrs. Hignet, and she has had possession ever since, and was in possession when this action was commenced in April, 1897. Osa Keithly testified that some time — he was uncertain when, whether at the time he received the payment for his interest, and put Dr. Wicks in possession, or after that time — Dr. Wicks had him sign a bond to make a deed when he arrived at his majority. Dr. Wicks died before Osa reached his majority. Osa testified that if Dr. Wicks had lived he would have made the deed to him; that Osa took the purchase money, and spent it for his support. In March, 1897, Osa Keithly, after telling Ogle, the plaintiff, that he had also sold the land to Dr. Wicks, and spent the money, again sold the undivided one-fourth to Ogle for $15, the same amount Wicks had given him. The circuit court held the statute of limitations under the...