Owens v. Lackey

• Decision Date: 28 March 1946
• Docket Number: 8 Div. 335.
• Citation: 25 So.2d 423,247 Ala. 537
• Court: Alabama Supreme Court
• Parties: OWENS et al. v. LACKEY.

25 So.2d 423

247 Ala. 537

OWENS et al. v. LACKEY.

8 Div. 335.

Supreme Court of Alabama

March 28, 1946

Claud D. Scruggs, of Guntersville, and Scott & Dawson, of Fort Payne, for appellants.

Marion F. Lusk, of Guntersville, for appellee.

The instrument exhibited with the bill is as follows:

This Indenture, made this 23 day of July 1940 between J. A. Minnix and wife Kate Minnix of the first part and Laura M. Owens of the second part: Witnesseth, That the parties of the first part, in consideration of the sum of $5.00 Five . . . Dollars to be paid by the party of the second part, the receipt whereof is hereby acknowledged, doth hereby grant, bargain sell and convey unto the said party of the second part, the following described real estate, to-wit:

All that part of the Southeast fourth of the Northwest fourth of section (4) Township (8) of Range (7) East lying South of the Geraldine and Fort Payne Public Road containing (37) acres more or less. Situated in DeKalb County, Ala. The purpose of this deed is to and for Laura M. Owens during her natural life and at her death said to be and is the property of her two children Junior Owens and Laverne Owens. The Grantors request that this property shall be used only as a home during the life time of the above party.

To Have And To Hold to the said Laura M. Owens heirs and assigns, forever. And the parties of the first part will forever warrant and defend the title to the same to the said party of the second part and to her representatives and assigns from every lawful claim whatever.

In Testimony Whereof, the parties of the first part have signed and sealed these presents on the date above written. Signed Sealed and Delivered in the presence of

J A. Minnix (L.S.)

Kate Minnix (L.S.)

The State Of Alabama #

DeKalb County #

I J. H. Brumbeloe, a N. P. & J. P. in and for said County and State, hereby certify that J. A. Minnix whose name is signed to the foregoing conveyance and who is known to me, acknowledged before me on this day that, being informed of the contents of the conveyance, he executed the same voluntarily on the day the same bears date.

Given under my hand, this 23 day of July A. D. 1940.

J. H. Brumbeloe

N. P. & J. P.

The State Of Alabama #

DeKalb County #

I, J. H. Brumbeloe, a N. P. & J. P. in and for said County and State, hereby certify that on the 23 day of July, 1940, came before me the within named Kate Minnix known to me to be the wife of the within named J. A. Minnix who, being examined separate and apart from her husband, touching her signature to the within conveyance, acknowleged that she signed the same of her own free will and accord, and without fear, constraint or threats on the part of her husband.

Given under my hand, this 23 day of July, A. D. 1940.

J. H. Brumbeloe

N. P. & J. P.

STAKELY, Justice.

This is a suit in equity seeking reformation of a deed on the basis of mutual mistake. The bill was filed by Kate Lackey (appellee), the widow of Jesse A. Minnix, deceased, who has remarried. The bill was filed against Laura Mae Owens individually and as administratrix of the estate of Jesse A. Minnix, deceased, her husband Ulysses Owens, and their two minor children Junior Owens and Laverne Owens. Laura Mae Owens is the adopted daughter of Jesse A. Minnix, deceased. Laura Mae Owens, individually and as administratrix of the estate of Jesse A. Minnix, deceased, and her husband Ulysses Owens (appellants), separately demurred to the bill of complaint. The court overruled the demurrer. Hence this appeal.

In addition to showing the relationships set forth above, the case, in substance, made by the bill is as follows: After the adoption of Laura Mae Owens on April 17, 1920, when she was eight years of age, Jesse A. Minnix and complainant, his wife, cared for and supported the child and undertook to educate her. Complainant, although not an adopting parent, treated the child with the care and affection of a natural parent. By her earnings as a school teacher and with other resources, she shared with her husband the expense of providing for the child and aided her husband in the purchase in his name of the 'Hurt Farm' of 80 acres for $2,500 in 1922, and the 'Crossville Farm' of 63 1/2 acres for $1,200 in 1925. In 1927, against the advice and wishes of complainant and her husband Jesse Minnix, Laura Mae, at the age of fifteen years, left home and married Ulysses Owens. In 1927 after the marriage, the 'Minnixes offered the Owens' free use of a forty acre farm near their home and made improvements thereon. The Owens moved on the farm but refused to stay there when Jesse Minnix declined to give them a deed to it. In 1939 the Minnixes having moved to their farm near Crossville and because of the need of the Owens, induced the Owens to occupy and use, rent free, the old homestead of thirty-seven acres. The bill alleges that on July 23, 1940, '* * * said Minnixes made the following agreement with said Laura Mae Owens: That they would convey to her for her life, with remainder in fee to her Two sons, said 37 acre farm, worth over $4000 and she would relinquish and not claim any part of said Jesse A. Minnix's estate so long as either of the Minnixes lived, and that said Kate Minnix if she should survive said Jesse A. Minnix, was to have all other property real and personal which might be left by said Jesse A. Minnix, with remainder to said Laura Mae Owens of all such property on hand at complainant's death. That a deed was executed and delivered on that date to said Laura Mae Owens in pursuance of said agreement but by mutual mistake such agreement was not fully set forth in said deed, a copy of which is hereto attached marked 'Exhibit A." (Copy of the deed Marked Exhibit 'A' will appear in the report of the case.)

Under the aforesaid agreement, the Owens took possession of the thirty-seven acre farm and lived thereon until 1942. It is alleged that the agreement was tripartite and the consideration furnished by the complainant was in part the years of labor and service performed by her in caring for Laura Mae Owens when she was under no legal obligation to do so, but principally, it was complainant's release of her dower and homestead rights in the aforesaid thirty-seven acre farm; that the consideration furnished by Jesse A. Minnix was the conveyance to the respondents of the thirty-seven acre farm, and the consideration furnished by Laura Mae Owens was her release of her expectancy in the estate of Jesse A. Minnix and her promise not to claim thereafter any part thereof, except such part as might be left undisposed of by complainant at her death; that the agreement was not only made with the full knowledge and consent of Jesse A. Minnix but was planned by him; that all the obligations resting on Jesse A. Minnix and complainant by said agreement were fully discharged and executed and part of the obligations resting on Laura Mae Owens have been discharged and executed, as shown hereinabove; that by the agreement Laura Mae Owens became a fiduciary, bound to hold the title to any property inherited by her from said Jesse A. Minnix in trust for complainant.

Jesse A. Minnix died intestate on March 2, 1944, leaving an estate consisting of a 63 1/2 acre homestead farm at Crossville worth about $4,000, an 83 acre farm adjoining the aforementioned 'Mt. Tabor Farm' near Dawson worth about $4,000, an automobile worth $1,100, a note worth $500, three cows worth $139, and also household and kitchen furniture, clothing, groceries and farm tools, all in DeKalb County. He left no debts.

Under the aforesaid agreement complainant retained possession of the homestead and chattels and took possession of the 83 acre farm. She sold the automobile and cows and collected the note. She sold the 83 acre farm for $4,000. The Owens joined in the deed. Out of the proceeds complainant gave Laura Mae $1,000. It is alleged that 'Laura Mae Owens fully understood and...