Sloss-Sheffield Steel & Iron Co. v. Yancey

• Decision Date: 16 January 1919
• Docket Number: 6 Div. 852
• Citation: 80 So. 842,202 Ala. 458
• Court: Alabama Supreme Court
• Parties: SLOSS-SHEFFIELD STEEL & IRON CO. v. YANCEY.

80 So. 842

202 Ala. 458

SLOSS-SHEFFIELD STEEL & IRON CO. v. YANCEY.

6 Div. 852

Supreme Court of Alabama

January 16, 1919

Rehearing Denied Feb. 6, 1919

Appeal from Circuit Court, Jefferson County; Hugh A. Locke, Judge.

Bill by G.W. Yancey, trustee, against the Sloss-Sheffield Steel &amp Iron Company to quiet title to lands. Judgment for complainant, and defendant appeals. Reversed and remanded.

See also, 77 So. 726.

Tillman Bradley & Morrow, of Birmingham, for appellant.

G.W Yancey, of Birmingham, in pro. per.

THOMAS J.

The bill was to quiet title to lands. On demand, a trial by jury was had of the issue of fact, which was decided in favor of complainant.

Upon former appeal the holding was that the submission for final decree was premature, since the cause was not at issue upon the bill as last amended. Sloss-Sheffield Steel & Iron Co. v. Yancey, Trustee, 77 So. 726. On remandment appellant filed answer (January 24, 1918) to the amended bill, specifying its title, claim, and interest to the lands described. On May 31, 1918, the bill was again amended by withdrawing paragraphs 6 and 7, and the prayer that the deed of Wm. M. Reid (dated December 16, 1895) be annulled. Thereupon appellant answered the bill as last amended by refiling its previous answer filed on August 23, 1913, and demurrer and answer filed on January 24, 1918. The issues thus made by the pleading were submitted to the jury, which returned a verdict for complainant as follows:

"We, the jury, find that the complainant is now and was at the time of filing of the bill in this cause in quiet and peaceful possession of property as described in bill of complaint, and that respondent has no estate or interest in, or incumbrance on, the land described in bill of complaint, or any part thereof.

"H.H.K. Jefferson, Foreman."

A final decree for appellee was rendered on this verdict June 21, 1918, and the bill of exceptions presented and signed by the judge presiding at the trial within the time required by law.

The record title of the Sloss-Sheffield Steel & Iron Company may be stated as follows: Said lands were entered by Moses Campbell and his entry perfected December 10, 1855. During the Civil War Campbell died, leaving a widow, Elizabeth. Campbell and wife were living on the land when the former went to the Civil War, and the said Elizabeth remained and continued to live thereon until "about 1888." She married one Tyler, who died when he and said Elizabeth were living on said lands. The date of Elizabeth's death was in the year 1912, 1913, or 1914. Her second husband, Tyler, died prior to her death.

The entryman, Campbell, had only one child (Rebecca), who survived him, and married James P. Reid. The said Rebecca died about 1871 or 1872, leaving only a son, William M. Reid, who survived his father. This only heir (William M. Reid) of the entry man, Campbell, joined by his wife, conveyed these lands to the Sloss Iron & Steel Company by deed dated December 16, 1895, duly acknowledged and filed for record. This corporation conveyed the lands to the appellant on July 1, 1901.

James P. Reid, as guardian of William M. Reid, conveyed the lands to Howard Douglas by deed dated, acknowledged, and filed for record November 7, 1883. On December 31st thereafter Douglas and wife conveyed the same to the Richmond & Danville Extension Company, which corporation conveyed to the Coalburg Coal & Coke Company on September 22, 1885, "subject to the dower of Elizabeth Tyler," and the Coalburg Coal & Coke Company conveyed to the Sloss Iron & Steel Company on July 17, 1887, and, as we have indicated, this corporation conveyed the lands to the appellant on July 1, 1901.

As a part of appellant's paper title a written agreement between itself and the East Pratt Coal Company, of date December 16, 1912, was introduced in evidence. By this agreement appellant sold to the East Pratt Coal Company the right to mine the "Pratt seam of coal," traversing parts of sections 15, 21, and 22 of township 16, range 3 west, including the lands involved in this suit, the right to haul coal through and over said lands, to build tipples and shops, and "other rights on contiguous lands."

Appellee's statement of title was that Elizabeth Tyler, widow of entryman Campbell, conveyed the property in question to John T. Shugart in 1888, which deed was filed for record in the probate office on the 4th day of January, 1890 (volume 129, Record of Deeds, p. 545). Thereafter she confirmed the same or corrected a "mistake in the numbers" by an undated deed, the acknowledgment bearing date January 19, 1891, and filed for record February 20, 1891, and containing the usual covenants of warranty. This last deed having no other date of execution than that of its acknowledgment, prima facie said date will be taken as that of its execution or delivery. Veitch v. Woodward Iron Co., 76 So. 124, 127.

Plaintiff offered evidence tending to show that in 1888 John T. Shugart took possession of the lands, and cut timber and mined coal therefrom until his death, in 1906. Thereafter, pursuant to a sale at public outcry (through Henry Morschheimer, register in chancery, etc.), under decree rendered March 26, 1910, these lands were conveyed by the register in chancery to Mrs. Alice D. Shugart by deed bearing date March 6, 1912, duly acknowledged and filed for record the same date. This instrument purported to convey to Mrs. Shugart "all the right, title, and interest of said Alice D. Shugart, individually and as executrix of the last will and testament of John T. Shugart, deceased, Roland T. Shugart, Mamie P. Shugart, Forest W. Shugart, Florence M. Shugart, Alice R. Shugart, and Johnnie T. Shugart, and of each and all parties to this suit, in and to" the lands in question. The said Alice D. Shugart, a widow, conveyed the same to appellee by deed bearing date of execution and acknowledgment March 2, 1912, filed for record March 30, and recorded April 15, 1912. This conveyance contained the usual covenants of warranty of title and of the right to convey the same. Complainant's evidence tended further to show an instrument executed by Mrs. Alice D. Shugart, an unmarried woman, to W.M. Evans, dated and acknowledged November 17, 1911, purporting to grant an option on these lands, expiring on January 16, 1912. This option was never filed for record in the office of the probate judge as provided by statute for the recordation of such conveyances. Yet said grantee, Evans, as a witness for complainant, testified that as a lessee he took possession of the lands, operated the coal mine there, paying Mrs. Shugart a royalty, and "turned the land over to Mr. Morgan and the East Pratt Coal Company, and they had possession in 1913. *** They had it a certain length of time, and then it was to be turned back" to witness, and that witness had "never worked on it since that time"; that the Pratt Company "were in possession until the expiration of the time limit in their lease contract."

Appellee insists that dower was not assigned in the lands to said Elizabeth, widow of Moses Campbell, deceased, while she lived on the same, and that after the death of Campbell she continued to use and occupy the lands for about 20 years. The insistence of appellant's counsel as to assignment of dower is that--

"after Rebecca Campbell, the only daughter of Moses married James P. Reid, she and Elizabeth Tyler agreed to divide the above lands without having any proceedings in court, and they did divide the same, Elizabeth Tyler retaining the 40 involved in this suit, upon which she then lived, and Rebecca taking the other 40 in section 21. As the only interest Elizabeth Tyler had in the two 40's above described was a dower interest, as the widow of Moses Campbell, it was agreed by the parties to the transaction that the

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