"On
August 26, 1876, Sarah McGrew acquired title to the southeast
quarter, northwest quarter, and northeast quarter, southwest
quarter, section 17, T. 13 N., R. 7 W., in Vigo county
Indiana. On February 25, 1880, said lands were sold as the
property of Sarah McGrew to Josiah Locke, by the auditor and
treasurer of said county, at private sale, for $ 79.27, as
the taxes, penalty and costs of the years 1876, 1877, 1878
and 1879, all previous taxes on said lands having been paid.
"On
January 29, 1881, in pursuance of a decree of the circuit
court of said county of Vigo, against said Sarah McGrew, the
sheriff of said county executed a deed conveying said lands
to James M. Parkes, who died intestate seized of the same,
leaving his wife, Mary J. Parkes, surviving as his widow.
"On
July 11, 1882, tax deeds for said lands were executed by the
auditor of said county to Josiah Locke, in pursuance of said
tax sale.
"On
September 18, 1882, the circuit court of Putnam county,
Indiana, in which the settlement of the estate of said James
M. Parkes was pending, caused its commissioner, on the
petition of the administrator of said estate, to execute a
deed for the undivided two-thirds of said lands to the
plaintiff James M. Reynolds, and the defendant John L.
Stevens, to procure funds to pay the debts of the said estate
which was insolvent; and on the same day said widow, Mary J.
Parkes, executed a deed conveying to said James M. Reynolds
and John L. Stevens the other undivided one-third of said
lands, which deeds were duly acknowledged and recorded in the
office of the recorder of said county of Vigo, April 9, 1884,
by which conveyances said James M. Reynolds
and John L. Stevens became each the owner of an undivided
half of said lands as tenants in common.
"On
March 29, 1884, said John L. Stevens, and the defendant
Margaret A. Stevens his wife, conveyed their undivided half
of said lands to their son-in-law Frank H. Eaton, by warranty
deed, which was acknowledged and recorded in the office of
said recorder, April 9, 1884.
"On
April 21, 1884, said Eaton and his wife, by their warranty
deed, conveyed said undivided half of said lands to said
Margaret A. Stevens, which deed was acknowledged and recorded
in the office of said recorder, December 10, 1885, by which
deed the said Margaret A. Stevens became the owner of an
undivided half interest in said lands as a tenant in common
with said James M. Reynolds.
"On
July 3, 1884, said Josiah Locke filed his complaint in the
superior court of said county of Vigo, to quiet his title by
virtue of said tax deed, making parties defendant thereto
said James M. Reynolds, John L. Stevens, Frank H. Eaton and
others, not including said Margaret A. Stevens.
"On
March 2, 1885, said Locke and his wife conveyed said lands by
quitclaim deed to Stoughton J. Fletcher and Francis M.
Churchman, which deed was acknowledged and recorded in the
office of said recorder April 11, 1885.
"On
June 4, 1885, on suggestion of the death of said Josiah
Locke, said Fletcher and Churchman were substituted
as plaintiffs in said action; and the defendants, not having
appeared, were defaulted, and thereupon a judgment was
rendered against them quieting the title of said Fletcher and
Churchman. The said James M. Reynolds, John L. Stevens, and
Frank H. Eaton were notified of the pendency of said action
to quiet title, as non-resident defendants, by
publication and not otherwise, and said James M. Reynolds had
no actual knowledge or notice of such proceedings until after
the rendition of said judgment, nor until in the spring of
1891. Notice by publication was ordered on motion and
affidavit that after diligent inquiry the residence of said
defendants was unknown, but without any proof on
non-residence. At the time of said proceedings said James M.
Reynolds resided in Tippecanoe county, Indiana, John L.
Stevens resided in Putnam county, Indiana, and Frank H. Eaton
resided in Clay county, Indiana, and their respective places
of residence were shown in their title deeds then on record
as aforesaid. Said Reynolds has ever since continued to
reside in said Tippecanoe county, in the city of Lafayette;
said John L. Stevens and Margaret A. Stevens removed to Terre
Haute in Vigo county, in December, 1884, and resided there
three years.
"At
the time James M. Reynolds and John L. Stevens acquired title
to said lands as aforesaid, September 18, 1882, John R. Brown
was in possession of the same as the tenant of said James M.
Parkes for a cash rental of $ 75.00 a year, which had been
paid for the year 1882. Said Brown attorney to said Reynolds
and Stevens and agreed to pay $ 75.00 rent for the year 1883,
and $ 100.00 a year thereafter. Said Reynolds thereupon left
the management of said common property to said co-tenant John
L. Stevens, who was also in custody of their title deeds, and
said Reynolds knowing nothing of said tax encumbrance, and
relying upon his co-tenant to collect and apply the rents for
their mutual interest, learned nothing of said proceedings to
quiet title, nor of said conveyance to Frank H. Eaton and
Margaret A. Stevens, nor of the facts hereinafter stated
until 1891.
"In November, 1886, said Margaret A. Stevens
without the knowledge of said James M. Reynolds, for the
purpose of securing to herself the title to the entire
interest in said lands, and designing thereby to oust her
said co-tenant, by John E. Stevens, her son and agent,
entered into negotiations with said Fletcher and Churchman
for the redemption of said lands from the encumbrance of said
tax sales, tax deeds, and decree quieting title; said agent
falsely represented himself as the agent of said James M.
Reynolds and other defendants in said proceeding to quiet
title, and induced said Fletcher and Churchman to consent to
such redemption in consideration of the payment of $ 304.00,
the estimated sum of the taxes, interest, penalty and costs
then accrued upon said tax sales, and including nothing
additional thereto except taxes paid on said land by said
Fletcher and Churchman subsequent to said decree. Said lands
were at the time worth $ 5,000 00, and were held by said
Fletcher and Churchman at $ 8,000.00; but they were induced
to permit such redemption, upon the representation that the
notice to said defendants was insufficient, that the
affidavit upon which the court ordered publication was false
in that diligent inquiry was not made to learn their place of
residence.
"Upon
said consideration and inducement, said Fletcher and
Churchman, on March 3, 1887, by the direction of said John E.
Stevens, executed their release and quitclaim for the whole
of said lands to said Margaret A. Stevens, which deed was
recorded in the office of said recorder, March 8, 1887, since
which date the said Margaret A. Stevens has claimed the
exclusive ownership of said lands.
"On
July 14, 1890, said Margaret A. Stevens and said John L.
Stevens, her husband, executed their mortgage upon the
entirety of said lands to the defendant
Charles M. Crawford to secure the payment of three promissory
notes for $ 933.33 each, executed by said Margaret A.
Stevens, December 16, 1887, to Benjamin B. Briggs, payable in
one, two and three years after date, in consideration of
which mortgage the payment of said notes was extended to one,
two and three years from June 16, 1890.
"Said
John L. Stevens collected all the rents of said lands up to
May 21, 1884, and appropriated the same to his own use. On
May 21, 1884, when his undivided half interest was conveyed
to said Margaret, and John L. Stevens collected rents of said
John R. Brown previous to the commencement of this action
the sum of $ 265 in cash and the sum of $ ----- in labor, in
mining coal, as hereinafter stated, and $ in labor, in
improving said...
