Turner v. Hall

• Citation: 60 Mo. 271
• Parties: MARY E. TURNER, BY HER NEXT FRIEND, et al., Respondents, v. JOHN A. HALL, Appellant.
• Decision Date: 31 May 1875
• Court: United States State Supreme Court of Missouri

60 Mo. 271

MARY E. TURNER, BY HER NEXT FRIEND, et al., Respondents,

v.JOHN A. HALL, Appellant.

Supreme Court of Missouri.

May Term, 1875.

Appeal from Nodaway Circuit Court.

Heren & Rea, for Appellant.

Dawson & Edwards, for Respondents.

HOUGH, Judge, delivered the opinion of the court.

This was an action of ejectment, commenced in 1872, to recover a tract of land in Nodaway county.

In 1849, Benjamin Holland, who lived in Kentucky, entered through his son, Perry Holland, who lived in Nodaway county, Missouri, the land in controversy, and on the 2nd day of October, 1854, a patent issued from the United States to Benjamin Holland for said land.

In 1848, Perry Holland married Letha J. Dinning, and in 1849, a son was born to them, named William B. Holland.

Perry Holland died in 1859, and his widow, in 1865, married William G. Turner, and in 1867, a daughter was born to them named Mary Elizabeth Turner.

On the 28th of December, 1870, Benjamin Holland conveyed the land sued for to his grandson, William B. Holland.

In 1871, William B. Holland died intestate and without issue, leaving his mother, Letha J. Turner, and his sister of the half blood, Mary Elizabeth Turner, as his only heirs, and they, together with William G. Turner, husband of Letha J. Turner, are the plaintiffs in the present action.

The defendant pleaded an adverse possession by himself and his grantors, under color of title, for the statutory period, and introduced in evidence, a warranty deed from Perry Holland and his wife to Prince L. Hudgins, dated April 25th, 1850, and recorded April 23rd, 1855; also, a warranty deed from Prince L. Hudgins and wife to Jeremiah Hall, dated September, 21st, 1860; also, a warranty deed from Jeremiah Hall to John Hall and Harvey D. Hall, dated October 3rd, 1867, and a deed from Harvey D. Hall and wife to John A. Hall, the defendant, dated February 3rd, 1872. There seems to be a mistake, in the deed from Holland to Hudgins, in the description of part of the land; but, under the view we take of the case, it is of no moment. The remaining deeds correctly describe the land sued for.

There was testimony to show that in 1850, and soon after the conveyance to him, Hudgins took possession of the land and put a tenant thereon, who cultivated between twenty and thirty acres, that being the amount inclosed, and remained there until the spring of 1851. From 1852 until 1866, no person lived upon the land, nor was it cultivated or inclosed, or used or occupied in any way. In the year 1855, Hudgins, who did not live in Nodaway county, employed a person who lived in the neighborhood of the land, as his agent, to look after it, protect it against trespassers and make sale of it. This agent testified that he acted for Hudgins, and it appears that he negotiated the sale to Jeremiah Hall; but what the extent, character and publicity of the supervision exercised by him over the land, were, this record does not disclose. Soon after Jeremiah Hall purchased the land, he requested a neighbor to look after it and prevent any trespass thereon. Jeremiah, John A. and Harvey D. Hall paid taxes on the land from 1860 until 1873, except for the year 1863. Benjamin Holland paid taxes for a year or two after the land was entered, and in the year 1866 it seems to have been assessed to him. From 1860 to 1862 it was assessed to Hall; for the year 1862 to unknown owner; for the year, 1863, 1864 and 1865 to Hall. There is nothing in the record to show that the conveyance from Hudgins to Holland and the subsequent conveyances in the defendants' claim of title, were recorded, though it is so stated in appellant's brief.

In the fall of 1866, John Hall went upon the land, built a two-story dwelling, stable and blacksmith shop, and made other valuable and permanent improvements, and continued in possession until the institution of this suit.

There was testimony to show that Hudgins and the Halls, took their conveyances with full knowledge that Benjamin Holland owned the land and had a patent therefor.

Hudgins died in 1872 and this cause was not tried until 1874.

An attempt was made to impeach the genuineness of the deed to Hudgins by Mrs. Turner. On cross-examination, she stated that her signature to the deed looked like her signature to a letter of hers exhibited to her; that she had no recollection of having signed the deed, though she may have done so; that the name of her husband did not seem to be in his handwriting.

She further stated that Hudgins and her husband had dealings with each other, and that Hudgins defended her husband, in 1849, in a criminal prosecution against him.

Numerous instructions were asked and given, and there was a verdict and judgment for the plaintiff, from which the defendant appealed to this court.

The question of the estoppel of Letha J. Turner and Mary Elizabeth Turner, to assert any title to the land in controversy in consequence of the covenants contained in the deed from Perry Holland and wife to Prince L. Hudgins, was attempted to be raised by the defendant's answer. This plea was very imperfectly drawn and need not be further noticed, as William B. Holland, under whom plaintiffs claim, did not derive his title from Perry Holland, and there was neither allegation nor proof of any assets having descended to him from his father.

During the progress of the trial, a letter was offered in evidence, written by Mrs. Letha J. Holland to one Peatree, in the year 1850, but subsequent to the date of the conveyance made by her husband and herself to Hudgins, which contained nothing of consequence, save a reference to a letter inclosed therein, which she there stated was from Benjamin Holland and which she wished to have shown to Mr. Hudgins.

A letter dated November 1st, 1850, signed “Thos. H. and Benjamin Holland” was offered at the same time, as being the letter referred to in Mrs. Holland's letter, in which a willingness was expressed to make a deed to Perry Holland or to Hudgins for the land, and which spoke of the land as Perry's land. Both these letters were excluded, and the defendant excepted. Benjamin Holland's deed to William B. Holland offered in evidence, was signed with his mark and his deposition in the cause was similarly attested. There was no testimony that the letter or the signatures were in the handwriting of either Benjamin Holland or Thomas F. Holland. The only testimony as to the authenticity of the letter was, that it was found among the papers of Prince Hudgins after his...