Vaughan v. Chicago, Rock Island & Pacific Railway Co.

• Court: Arkansas Supreme Court
• Writing for the Court: HART, J.
• Citation: Vaughan v. Chicago, Rock Island & Pacific Railway Co., 179 S.W. 165, 120 Ark. 37 (Ark. 1915)
• Decision Date: 05 July 1915
• Docket Number: 92
• Parties: VAUGHAN v. CHICAGO, ROCK ISLAND & PACIFIC RAILWAY COMPANY

179 S.W. 165

120 Ark. 37

VAUGHAN v. CHICAGO, ROCK ISLAND & PACIFIC RAILWAY COMPANY

No. 92

Supreme Court of Arkansas

July 5, 1915

Appeal from Prairie Chancery Court; John M. Elliott, Chancellor affirmed.

STATEMENT BY THE COURT.

On November 19, 1908, Emmett Vaughan instituted this action in the chancery court against the Chicago, Rock Island & Pacific Railway Company to annul and set aside a deed because of no delivery and on account of non-performance of certain conditions alleged to be stated therein.

The Choctaw, Oklahoma & Gulf Railroad Company purchased the Searcy and Des Arc Railroad and desired to extend that railroad to either Hazen or DeValls Bluff on its main line. Finally it decided to extend the road from Des Arc to a point near DeVall's Bluff, and a contract was made with certain persons in Prairie County for the procurement of the right-of-way. The citizens of Des Arc wished the extension to be made along the banks of White River through the town of Des Arc, and wished the depot moved from the northwestern part of the town where it was then located to the foot of Buena Vista Street near the banks of White River. In order to secure this the citizens of Des Arc made certain donations of property to the railroad company for its right-of-way.

Emmet Vaughan testified that he was, and for many years had been, a citizen and resident of Des Arc; that on February 24, 1903 he executed a deed to W. L. Willeford, as trustee for the Choctaw, Oklahoma & Gulf Railroad Company, conveying six lots in the town of Des Arc, the consideration recited in the deed being, "One dollar, and the further consideration that the Choctaw, Oklahoma & Gulf Railroad Company will extend the Searcy & Des Arc road from its main line through Des Arc along the river route as surveyed, and to its main line, and will agree to build a depot near the east end of Buena Vista Street in Des Arc;" that in February, 1905, Judge Willeford came to him and stated that he had been requested to procure a deed direct to the Chicago, Rock Island & Pacific Railway Company, the successor to the Choctaw Oklahoma & Gulf Railroad Company; that at that time the railroad company had constructed its line of road along the river route, but had not moved its depot to the east end of Buena Vista Street; that on this account he at first refused to execute a new deed, but upon the representation of Judge Willeford, that the road and depot would be constructed at once, he executed a deed in lieu of the former one with the understanding that the same was to be in escrow upon the same conditions as the former deed; that the former deed had been placed in the hands of W. B. Frith, as cashier of a bank in Des Arc; that subsequently he notified one of the attorneys of the railroad company that because it had failed to build the depot, he would draw down his deed, and did go to the cashier of the bank and procure the deed which he had executed on the 24th of February, 1903; that subsequently on November 25, 1907, he conveyed the lots in question to the Hastings Industrial Company, and executed a warranty deed therefor; and that said company erected a canning factory on said lots.

Judge Willeford testified that he was the person to whom the deed of the 24th of February, 1903, was executed; that the deed after its execution was delivered by him to W. B. Frith cashier of the Farmers & Merchants Bank in Des Arc, to be held in escrow and to be delivered to the railroad company upon the performance of the conditions named in the deed; that he did not remember precisely all that occurred in regard to the execution of the second deed in 1905, but that Judge Thweatt and he had several conversations about the matter; that he understood that this deed was to be in escrow just as the trustee's deed above referred to; that Mr. Vaughan never authorized him to deliver it to the Chicago, Rock Island & Pacific Railway Company; that he understood that neither the deed executed in 1903, or that executed in 1905 was to be delivered until the conditions above stated were complied with; that he had no recollection of being present when the second deed was executed, or of having seen it after it was executed; that he was satisfied he never had the deed in his possession; and that the citizens of Des Arc were making every effort to get the road constructed along the river route to DeVall's Bluff.

Judge Thweatt testified that he was a resident of DeVall's Bluff at the time the railroad was extended from Des Arc to a point near DeVall's Bluff; that the extension of the road from Des Arc to Hazen was first determined upon, but that the citizens of DeVall's Bluff induced the railroad company to change the line to a point near DeVall's Bluff upon the agreement that they would furnish the right-of-way; that Mr. Vaughan and other citizens in the town of Des Arc had been anxious to have the road constructed along what was called the river route through Des Arc, and that the road was constructed along that route before 1905, but that the depot had not been changed from its location in the northwestern part of the town to the east end of Buena Vista Street, near the river, as desired by the citizens of Des Arc; that the railroad company had contemplated moving the depot to that place and had procured lots upon which to erect the new depot on August 8, 1907; that the depot was not erected on the new site until 1908, just after the filing of the present suit that in February, 1905, the plaintiff Vaughan executed a deed to the lots in question and delivered the same to him as agent for the railroad company; that no conditions were written in the deed, and no verbal conditions attached to the execution of it; that nothing was said about the location of the depot at the time of the execution of the deed; that the deed was delivered to him as agent of the railroad company, and filed for record pursuant to the directions of the officers of the company; and that there was no understanding that Vaughan's deed should be held in escrow, but that it...