Shreves v. McCluer

• Citation: 632 S.W.3d 471
• Decision Date: 10 August 2021
• Docket Number: No. ED 108994,ED 108994
• Parties: Christopher L. SHREVES, AS TRUSTEE OF the CHRISTOPHER L. SHREVES REVOCABLE TRUST DATED MARCH 19, 2015, and as Co-Trustee of the Mildred M. Shreves Revocable Trust Dated March 19, 2015, and Mildred M. Shreves, as Trustee of the Mildred M. Shreves Revocable Trust Dated March 19, 2015 and as Co-Trustee of the Christopher L. Shreves Revocable Trust Dated March 19, 2015, Respondents, v. UNKNOWN HEIRS OF Sadie B. MCCLUER, Deceased, and Unknown Heirs of David K. Pitman and Spouse, Defendants and JSAC Holdings, LLC, Appellant.
• Court: Missouri Court of Appeals

632 S.W.3d 471

Christopher L. SHREVES, AS TRUSTEE OF the CHRISTOPHER L. SHREVES REVOCABLE TRUST DATED MARCH 19, 2015, and as Co-Trustee of the Mildred M. Shreves Revocable Trust Dated March 19, 2015, and Mildred M. Shreves, as Trustee of the Mildred M. Shreves Revocable Trust Dated March 19, 2015 and as Co-Trustee of the Christopher L. Shreves Revocable Trust Dated March 19, 2015, Respondents,

v.UNKNOWN HEIRS OF Sadie B. MCCLUER, Deceased, and Unknown Heirs of David K. Pitman and Spouse, Defendants and JSAC Holdings, LLC, Appellant.

No. ED 108994

Missouri Court of Appeals, Eastern District, DIVISION THREE.

Filed: August 10, 2021

FOR APPELLANTS: John B. Goss, Daniel R. Coffman, 120 South Central Ave., Suite 700, St. Louis, Missouri 63105, Zachary R. McMichael, 8182 Maryland Avenue, 15th Floor, St. Louis, Missouri 63105, Shawn T. Briner, 434 S. Woods Mill Road, Suite 330, Chesterfield, Missouri 63017.

FOR RESPONDENT: Dwayne A. Johnson, 220 Salt Lick Road, St. Peters, Missouri 63376.

Angela T. Quigless, P.J., Kurt S. Odenwald, J., and James M. Dowd, J.

James M. Dowd, Judge

This appeal stems from the dueling interests of neighboring St. Charles County landowners, Christopher L. Shreves, as Trustee of the Christopher L. Shreves Revocable Trust Dated March 19, 2015, et al. ("the Shreves"), and JSAC Holdings, LLC ("JSAC"). The dispute centers on a five-foot by approximately two-hundred-sixty-foot strip of land ("the five-foot strip") running between the parties' properties which consists of approximately 1,325 square feet and is legally described as:

Beginning at the Northwest corner of Lot numbered one in Block number four in the Pitman Addition to the Town of Cottleville in the County and State aforesaid, thence with the West line of said lot number one and lot number two in said Block number four, one hundred and twenty feet by forty feet wide at right angles with said line, and;

Commencing at a stake on line of land formerly owned by Michael Henning and running S. 74o 30’ W. 284 feet to old line of Survey No. 303 and with said line S. 42o 30’ W. to intersection on line of land formerly owned by John C. Edwards, in Dardenne Creek, and then with said line north 74o 30’ East 560 feet to a comer of Pitman's School grant on said line and from said comer and stake to the stake on said M. Henning's line at commencement North 15o 30’ W. 180 feet, containing one acre and three quarters, more or less.

On September 10, 2019, the Shreves’ second amended petition to quiet title and JSAC's first amended counterclaim to quiet title were tried to the court.¹ Each party presented evidence supporting its claim of ownership over the property. The Shreves argued adverse possession and JSAC both adverse possession and some color of title derived from a quitclaim deed executed by its predecessor in interest. On February 3, 2020, the court issued its findings of fact, conclusions of law, and judgment in favor of JSAC as to the Shreves’ petition and in favor of Shreves as to JSAC's counterclaim, meaning that the judgment failed to quiet title over the five-foot strip in either party.

Discussion

"Missouri law ... recognizes that courts must act in equity to clear a cloud upon a title to real estate that is not apparent on the face of the document." In re O'Sullivan , 914 F.3d 1162, 1167 (8th Cir. 2019). "A quiet title action is not designed to adjudicate the plaintiff's title as superior to the whole world, but only as compared to the other parties, traced back to their...