Sorrell v. Bradshaw

• Decision Date: 04 June 1920
• Docket Number: No. 20841.,20841.
• Citation: 222 S.W. 1024
• Parties: SORRELL et al. v. BRADSHAW.
• Court: Missouri Supreme Court

222 S.W. 1024

SORRELL et al. v. BRADSHAW.

No. 20841.

Supreme Court of Missouri, Division No. 2.

June 4, 1920.

Appeal from Circuit Court, Maries County; G. Slate, Judge.

Suit to determine title by Wm. Sorrell and others, against Joanna Bradshaw, who filed cross-bill. From a judgment for plaintiffs, defendant appeals. Reversed and remanded, with directions.

Plaintiffs brought suit to ascertain and determine the title to a tract of land in Manes county. They alleged ownership in themselves as heirs of their father, IT. C. Sorrell, and of their sister, Fannie E. Sorrell Tayloe, subject to the life estate of their mother, Mary M. Sorrell. Defendant filed an answer and cross-bill, denying plaintiff's alleged title and claiming ownership in fee in herself, and by a second count claiming title by adverse possession. Judgment went in favor of the plaintiffs, and defendant has duly appealed.

The following facts appear in the record: The three plaintiffs are the sons of E. J. Sorrell, deceased, and his wife, Mary M. Sorrell, who is still living. A fourth child, Fannie E. Sorrell Tayloe, married and died in 1901 childless and intestate, so far as this record shows. The land in question belonged to I J. Sorrell. On April 27, 1878, E. W. Sorrell, while occupying the land as a homestead, conveyed it to his wife, Mary M. Sorrell, and to his daughter, Fannie E. Sorrell, by warranty deed, granting, however, a life estate only to the wife, with remainder over to the daughter. He then went to Texas and never returned. The wife and children remained on the homestead for 10 or 11 years thereafter. The land in suit was sold on October 15, 1879, under an execution issued upon a judgment rendered against B. J. Sorrell on April 17, 1879, and William Smith became the purchaser and on the same day received a deed therefor. This deed purported to convey all of the "right, title and interest of E. J. Sorrell." On January 19, 1880, Smith and wife conveyed the land to Mrs. Sorrell. At the time of the trial Mrs. Tayloe's husband had not been heard of for 10 or 12 years, and, according to rumor, had died in Texas about 1903 or 1905. E. J. Sorrell died about 1908 or 1909. On August 2, 1898, Mary M. Sorrell, "as a single person," conveyed the land by warranty deed to William Smith and J. W. Nieweg. By mesne conveyances the title passed to defendant in 1903, and she took possession and paid taxes. How long defendant remained in possession or paid taxes the record does not show.

No other material evidence appears. No declarations of law were asked or given. The judgment is to the effect that plaintiffs are the owners of the land, subject to a life estate for the term of the life of Mary M. Sorrell, and that defendant is the owner of that life estate.

J. J. Crites and J. Ellis Walker, both of Rolla, for appellant.

Frank H. Farris, of Rolla, and L. B. Hutchison, of Vienna, for respondents.

WILLIAMSON, J.

(after stating the facts as above). The common source of title in this case is E. J. Sorrell. He conveyed a life estate to his wife, Mary M. Sorrell, with remainder over to his daughter, Fannie E. Sorrell, afterwards Mrs. Tayloe. The daughter died childless and intestate in 1901, and whatever interest she had vested by inheritance, under our statutes of descent and distribution, in her three brothers, respondents, and her father and mother; each inheriting an undivided one-fifth interest in the remainder estate. Whatever title Mary M. Sorrell had she conveyed to appellant in 1898, by warranty deed. The question to be determined is, What title passed from Mary M. Sorrell to appellant? It is undisputed that she conveyed an estate for the term of her own life. If she had, or thereafter acquired, any other title, it also passed, by operation of law. Wood v. Smith, 193 Mo. 484, loc. cit. 490, 91 S. W. 85. Upon the death of E. J. Sorrell in 1908, his undivided one-fifth interest in the estate in remainder vested in his three sons, the respondents in this action, subject to the dower rights of Mrs. Sorrell, and such rights as Mrs. Sorrell thus acquired also passed to her grantee, the appellant. Since Mrs. Sorrell was already the owner of a life estate in this land, the interest she thus acquired became merged in that estate and need not further be considered.

The conveyance from E. J. Sorrell directly to his wife vested the equitable title to the life estate in her, but the legal title remained in the husband, in trust, however, for her use and benefit. Stark v. Kirchgraber, 186 Mo. 633, loc. cit. 422, 85 S. W. 868, 105 Am. St. Rep. 629, and cases there cited. Upon the death of the husband during the lifetime of the wife the trust terminated, and the legal title to the life estate would then have vested in Mary M. Sorrell but for the fact that she had theretofore conveyed the property to appellant by warranty deed. By reason of that conveyance, this subsequently acquired legal title also passed to the appellant. Mrs. Sorrel also inherited an undivided one-fifth interest in the estate in remainder from her daughter, Mrs. Tayloe, and this subsequently acquired estate also passed by her conveyance to the appellant. Unless affected by the execution sale and the conveyances thereunder, the respondents are the owners of an undivided four-fifths interest in the estate in remainder, and the appellant is the owner of the remaining undivided one-fifth interest, and also of the life estate. The effect of the sale under the execution remains to be determined.

E. J. Sorrell acquired a homestead in the lands in question about 1876. A judgment was obtained against him in April, 1879, an execution was issued thereon, and the lands were sold on October 15, 1879. But on April 27, 1878, Sorrell had conveyed the lands to his wife and daughter, and had gone to Texas, leaving his wife and children in possession of the homestead. Appellant contends...