Stevenson v. Haynes

• Decision Date: 18 May 1909
• Citation: 220 Mo. 199,119 S.W. 346
• Parties: STEVENSON v. HAYNES et al.
• Court: Missouri Supreme Court

119 S.W. 346

220 Mo. 199

STEVENSON v. HAYNES et al.

Supreme Court of Missouri, Division No. 2.

May 18, 1909.

1. TRUSTS (§ 89)—RESULTING TRUSTS—SUFFICIENCY OF EVIDENCE.

Evidence in an action to establish an interest in lands held insufficient to establish a resulting trust by reason of the payment by plaintiff of the purchase money for the land.

2. ESTOPPEL (§ 88)—ADMISSIONS AS TO TITLE TO REAL ESTATE.

A memorandum addressed to defendant stating that "You own a one-half interest" in certain land "bought by me August 27, 1903, and for which you furnish the money to pay for same," and signed by decedent, the title to the land mentioned in the memorandum being taken in the name of decedent, does not estop decedent's administrator and those claiming under decedent from disputing plaintiff's claim to a half interest in the land, where decedent gave a note for the money paid by plaintiff, which was retained by plaintiff at the time of the trial of the action to establish plaintiff's interest in the land, as the memorandum may be construed to mean that if plaintiff furnished the money to pay for said interest he would be the owner of one-half interest in such property, and there being no evidence of any prior agreement between plaintiff and decedent to purchase the land on their joint account.

3. LIENS (§ 5) — LOANS TO PAY PURCHASE PRICE.

That part of a loan was used to pay the the purchase price of land does not entitle the lender to a lien on the land.

4. TRUSTS (§ 44)—EXPRESS TRUSTS—SUFFICIENCY OF EVIDENCE.

Evidence, in an action to establish an interest in land by one who furnished money to pay the purchase price thereof, the title to which was taken in the name of another, held not sufficient to establish an express trust in such land in favor of plaintiff.

Appeal from Circuit Court, Nodaway County.

Action by R. M. Stevenson against Fannie B. Haynes and others. Judgment for plaintiff, and defendants appeal. Reversed, with directions to dismiss the bill.

Anthony & Ford and L. C. Cook, for appellants. Joseph H. Sayler and Shinabarger, Blagg & Ellison, for respondent.

GANTT, J.

This is an appeal from a decree of the circuit court of Nodaway county. The suit was begun on the 19th of January, 1905. The defendants are the widow and minor son of Tennie E. Haynes, deceased, and administrator of said deceased, and a tenant of the real estate involved in the litigation.

The petition, in substance, states: That on or about the 27th day of August, 1903, during the lifetime of Tennie E. Haynes, the plaintiff and said Haynes, for the purpose of speculation, bought from Ada and Fred E. Crawford, for the consideration of $3,840, the S. E. quarter of the S. W. quarter of section 10, and the N. E. quarter of the S. W. quarter of said section, except 16 acres off of the west side thereof in township 63, range 37, in Nodaway county; that, by agreement between the plaintiff and said. Tennie E. Haynes for convenience in selling and disposing of the legal title to said land, the legal title to the same was taken in the name of the said Tennie E. Haynes; that at the time of the said purchase there was a mortgage on said land dated December 19, 1902, in favor of C. M. Barber, for the sum of $2,200, with 6 per cent. interest thereon, which said mortgage was assumed as a part of the consideration for said land, and that the same is now an existing lien upon said land, no part of the principal or interest having been paid since the purchase of said land as aforesaid. Plaintiff further stated that it was agreed by and between plaintiff and said Tennie Haynes that plaintiff was to furnish the money to pay said Crawfords the sum of $1,640, which plaintiff did furnish, and the same was paid to said Ada and Fred Crawford, which sum was upon the sale of said land to be repaid to plaintiff first out of the proceeds of said sale, with 6 per cent. interest thereon from the date of the purchase as aforesaid; that it was further agreed that upon the sale of said land, after the payment of the said mortgage and the interest thereon and the said sum of $1,640, with interest and the taxes assessed, the remaining net profits were to be equally divided between the plaintiff and said Tennie Haynes. Plaintiff states that the said land was purchased for speculation only, and that said Tennie Haynes paid no part of the consideration therefor, the plaintiff furnishing all of the said purchase money, and the said Tennie Haynes had no further or greater interest in said land than the one-half of the net profits of the rents received, and the increased price upon the sale paid for the same, with interest and taxes. Plaintiff states that the said Tennie Haynes died without making any provision by will or otherwise whereby plaintiff's interest in said land might be conveyed to plaintiff, and with the legal title remaining in said Tennie Haynes. Plaintiff further stated that the defendant Bilby, as administrator, has made application to the probate court asking for an order of sale of said real estate as being the sole property of the said Tennie Haynes, deceased, for the purpose of paying the debts due and owing by said estate, and that plaintiff will be in great danger of losing his said land and his interest therein unless said administrator be enjoined from selling the same. The prayer of the petition was for an injunction prohibiting the defendant administrator and any of the defendants from selling the said land upon final hearing; that the court would order and decree the title should be divested out of the estate of said Tennie Haynes and the same vested in plaintiff, or that the said sum of $1,640, with interest thereon at 6 per cent. per annum until the 27th of August, 1903, be declared a special lien against said land, subject to the said mortgage of $2,200 as aforesaid; that the said land be sold subject to said mortgage of $2,200, and of the proceeds of said sale and rents, of which rents plaintiff prayed for an accounting, the sum of $1,640, with interest at 6 per cent. from said date of purchase, be first paid, and that the interest on said $2,200 mortgage and taxes and the cost of this proceeding be fully paid, and that the remaining portion, if any, be equally divided between plaintiff and the estate of the said deceased, and for all proper decrees. The answer was a general denial by all the defendants.

There is little dispute as to the facts in the case. On the 27th of August, 1903, Tennie E. Haynes purchased the real estate involved in this action from Ada and Fred Crawford for the consideration of $3,840, and as a part of said consideration assumed a mortgage of $2,200, leaving an actual cash consideration of $1,640. From this cash consideration Haynes deducted $132 interest then due on the mortgage, and also his commission for making the sale, leaving $1,470, which was paid, $500 in cash, and for the balance, $970, Haynes gave his individual promissory note payable March 1, 1904. On the date of this purchase, August 27, 1903, Haynes drew a sight draft on R. M. Stevenson, Tarkio, Mo., which was paid on that day by the Farmers' Bank of Skidmore, Mo., and the money deposited to the credit of Haynes. Three days later, September 1, 1903, Haynes sent to Stevenson Haynes' promissory note for $1,640 due March 1, 1904, to cover the money paid on the sight draft.

There appears in the evidence, also, the following exhibit: "R. M. Stevenson, you own a one-half interest in the Ada Crawford, bought by me August 27th, 1903, and for which you furnish the money to pay for same. T. E. Haynes. Dated September 3rd, 1903."

Haynes died March 4, 1904, with the title of the land still in him, and leaving his note to Stevenson for $1,640 unpaid, and the said note was still held by Stevenson at the time of the trial of this cause.

Fred E. Crawford testified that he acted as the agent of Ada R. Crawford in the sale of this land to Haynes on the terms above set out. That on December 28, 1903, Stevenson wrote witness that "the interest on your loan was due December 15th, $132. Please send this and oblige. Yours truly, R. M. Stevenson." This was the interest on the $2,200 mortgage.

J. D. Montgomery testified that he was acquainted with Stevenson and Haynes; that some time in June, 1904, he had a conversation with Stevenson in which the latter said he had no interest in the land mentioned in the suit. This conversation occurred in Stevenson's bank at Tarkio in the presence of Mrs. Haynes. Witness did not know anything of the exhibit, above set out, of September 3, 1903. Mrs. Haynes also testified that she was present with Mr. Montgomery and heard the plaintiff state that he had no interest in the land at all.

Bilby, the administrator, testified that he had a conversation with the plaintiff about Mr. Haynes' affairs, and, among other things, plaintiff said he had Haynes' note for the Crawford land. "I asked him in regard to the Crawford land, and he said: `I have his note for that for $1,640.'" Plaintiff had this note at the time that he had another claim for $2,025 against the estate for probate. He showed the two to the administrator and the probate judge, and the judge asked him why he did not probate that note for $1,640, and he answered: "I ain't ready."

The plaintiff, Stevenson, testified in his own behalf in regard to the conversation with Mr. Montgomery and Mrs. Haynes in the bank at Tarkio. He says that he told them that he did not know just where he stood or what interest he would have in the Crawford land; that he had paid for it, but that Mr. Haynes had made the deed to himself, and that he had taken a note for it, and he had not looked into it yet enough to know just what his standing or what interest he had in it; that he had paid for that land, but that Mr. Haynes had made the deed to himself, thinking he would sell it pretty quick, and had just sent him his note, given him his note for the land, and did not know just what his...