Sterne v. Woods

• Decision Date: 31 July 1848
• Citation: 11 Mo. 638
• Parties: STERNE v. WOODS.
• Court: Missouri Supreme Court

11 Mo. 638

STERNE

v.WOODS.

Supreme Court of Missouri.

July Term, 1848.

APPEAL FROM CARROLL CIRCUIT COURT.

LEONARD & STRINGFELLOW, for Appellant.

1. On the facts stated in the bill, the complainant is entitled to the relief prayed or equivalent relief by a decree requiring the defendant to execute a conveyance to Godsey in lieu of the one the defendant destroyed. 2. The evidence given establishes even against the denials of the answer, all the material facts charged in the bill.

NAPTON, J.

This was a bill in chancery. The bill states that on the 14th February, 1845, the defendant, Woods, sold to one Blackburn J. Godsey, a tract of land in Carroll county, and executed and delivered to him a deed for the same, which, having been duly acknowledged, was filed in the clerk's office for record; that this deed was taken from the office, and fraudulently destroyed. The complainant further represents, that after this deed had been made by Woods, and whilst it was on file in the clerk's office, he purchased the land conveyed by this deed from Godsey, and took from Godsey his deed. The bill prays, that Woods be ordered to execute another deed.

The answer of Woods is, that Blackburn J. Godsey and he agreed to exchange lands, and that the title of the land which said Blackburn was to convey to him in exchange for his, was in one Burwell Godsey, and that the respondent, complainant and said Blackburn, met at the clerk's office in Carrollton, and procured four deeds to be written by one Harris, to-wit: one from Wods to Blackburn J. Godsey, and one from Blackburn J. Godsey to complainant (he having bought from Blackburn), both for the land specified in the bill. One from Burwell Godsey to Blackburn J. Godsey, and one from Blackburn J. Godsey to Woods, both of which last deeds were for the land said Woods was to receive in exchange from said Blackburn. The respondent further states, that all the deeds were executed and acknowledged, except the deed from Burwell to Blackburn J. Godsey, and it was therefore agreed, that the three first mentioned deeds should be left with the clerk of the Carroll Circuit Court, to be filed for record so soon as the deed from Burwell Godsey to Blackburn J. Godsey should be executed, acknowledged and filed, and not otherwise. The defendant further states his belief, that complainant, Sterne, was present at this arrangement. The defendant further states, that his deed to Blackburn J. Godsey, was subsequently to this transaction taken from the clerk's office by said Blackburn, and kept with Burwell Godsey, and about the 1st of March, following (the 14th of February, having been the time when the transaction above stated took place), he called on Burwell Godsey to get his deed to Blackburn J. Godsey, for the land which Blackburn was to convey to him, but the said Burwell refused to execute his deed, and delivered up to the defendant his deed to said Blackburn, which the defendant then destroyed. The defendant charges the complainant with being privy to the first arrangement, and denies his obligation to make any deed until Blackburn J. Godsey can procure the title from Burwell Godsey.

To this answer, there was a replication, and the case was set for hearing. At the hearing, the clerk testified that some time in February, the defendant and Blackburn J. Godsey, came into the clerk's office and got Harris, a deputy clerk, to write some deeds for them; that two deeds were left in the office, one executed by Woods and wife to Blackburn Godsey, and the other executed by said Godsey to Woods. The witness supposed these deeds to be left for record, but they were not recorded, and are now missing. A short time after, the complainant, Sterne, came into the office and made inquiries about the title of the land conveyed by Woods to Godsey. The witness showed him the deeds, and told him there was no incumbrance. The same day, or shortly afterwards, the complainant filed in the office a deed from Godsey to himself for the land conveyed by Woods to Godsey. This deed is produced and bears date 14th February, 1845.

Another witness, Baker, testified, that sometime in February, 1845, Blackburn Godsey offered to sell him a note on the complainant, and stated that it was a part of the consideration of a tract of land he had sold complainant. Witness saw the defendant and complainant both on the same day, and learned from them both, that the note was given as stated by Godsey, and that Woods (defendant) told him, complainant had received a valuable consideration for the note; that it was given for the land as stated, and that complainant had got a good title to said land, for that he, Woods, had conveyed it to Godsey, and Godsey to complainant....