Schafer v. Causey

• Decision Date: 31 October 1882
• Citation: 76 Mo. 365
• Parties: SCHAFER et al., Appellants, v. CAUSEY.
• Court: Missouri Supreme Court

76 Mo. 365

SCHAFER et al., Appellants,

v.CAUSEY.

Supreme Court of Missouri.

October Term, 1882.

Appeal from St. Louis Court of Appeals.

AFFIRMED.

This was an action of ejectment brought by plaintiffs as heirs of Ernest Koester. Defendants claimed title through a sale and conveyance made by Schulenberg as administrator of Koester, at which sale defendants' ancestor, Trusten Polk, purchased. In their answer defendants pleaded that it was believed that the administrator's deed did not pass the title because the notice of the sale was published in a German newspaper, and the sale was approved at the term of court during which it was made; and then set forth that a small part only of the purchase price paid by their said ancestor had been used to pay debts of the estate of said Koester; that the greater part had been paid over to his heirs, the present plaintiffs, (or rather to their guardians, for they were minors at the time,) and that the defendants and their said ancestor had ever since the said administration sale paid the taxes upon the land; that the land was wood-land and had never yielded any rent or income; and they prayed that if the court should decide that defendants had not the legal title to the land, then defendants should be adjudged to have an equitable defense to the extent of the purchase money and taxes so paid and interest on the same, and that plaintiffs should be ordered to pay defendants said purchase money and interest before they should have judgment for possession.

There was a trial before the court without a jury, and the court found for the plaintiffs upon the question of title and for the defendants upon their equitable counter-claim, and adjudged that the plaintiffs should have execution for possession upon payment to defendants within three months of the purchase money and taxes with interest; but if plaintiffs should not pay said sum within that time, then the title should be vested in defendants, and judgment should be rendered for them against the plaintiffs with costs. From this judgment the plaintiffs appealed to the St. Louis court of appeals, where the same was affirmed, and plaintiffs then appealed to this court.

Thomas S. Espy for appellants.

Wm. F. Causey and D. T. Jewett for respondents.

SHERWOOD, J.

The conclusion reached by the trial court as well as that of the St. Louis court of appeals, applied to the facts in evidence the familiar principles heretofore announced by this court in the cases of Valle v. Fleming, ...