Wall v. Mays

• Decision Date: 28 March 1919
• Docket Number: No. 19534.,19534.
• Parties: WALL v. MAYS et al.
• Court: Missouri Supreme Court

210 S.W. 871

WALL v. MAYS et al.

No. 19534.

Supreme Court of Missouri, Division No. 1.

March 28, 1919.

Appeal from Circuit Court, Shannon County; W. N. Evans, Judge.

Suit by H. W. Wall against George Ann Mays, W. E. Mays, and A. C. Honeycutt. Judgment for plaintiff, and defendants Mays appeal. Reversed and remanded, with directions.

S. A. Cunningham, of Eminence, and J. W. Chilton, of Springfield, for appellants.

BLAIR, P. J.

This is a suit to reform a deed and quiet title to 40 acres of land in Shannon county. Judgment for plaintiff on both counts was followed by this appeal. Honeycutt was named as a defendant, but did not appear, answer, or appeal.

It is admitted that appellant "George Ann Mays is the common source of title." On October 8, 1912, George Ann Mays and W. E. Mays, her husband and coappellant, conveyed the land in suit to A. C. Honeycutt. This deed was recorded October 14, 1912. January 21, 1913, George Ann Mays and husband sued to cancel and set aside the deed to Honeycutt of October 8, 1912. Fraud was alleged and proved, and on May 15, 1913, the circuit court duly decreed the cancellation of the deed in question. No appeal was taken. May 21, 1913, there was filed in the office of the recorder of deeds for Shannon county a deed from Honeycutt to M. E. Jackson, in which the described land was "the northwest quarter of the southeast quarter of section 21, Twp. 27, R. 6," in Shannon county. On November 26, 1913, there was filed for record in the same office a deed executed by M. E. Jackson and purporting to convey to respondent the land in suit. This deed was dated May 6, 1913. July 18, 1914, respondent began this suit, which was returnable to the January, 1915, term of the Shannon circuit court. An answer was filed. In addition to the deeds already mentioned respondent offered in evidence a deed from A. C. Honeycutt and wife executed under date of April 22, 1915, to M. E. Jackson as grantee, and recorded May 11, 1915, which described the land in suit and contained the following recital:

"This deed is made to correct the description in a certain warranty deed made by the parties of the first part to the party of the second part, dated October 24, 1912, and filed for record May 21, 1913, and recorded in Book 62, page 309, in this: That by mistake of the notary in writing the deed the description should have been thirty-one, instead of section twenty-one, this is in section * * * northwest quarter of the southeast quarter, section 21, township 27, range 6, west."

This deed was acknowledged at Iola, Kan., May 6, 1915.

Respondent testified he had lived in Howell county since the spring of 1912; that he was in Kansas City, and bought the land from Jackson, whom he had not previously known more than two months, and whose occupation he did not know; thought he was a real estate agent; that he had not seen the land before he bought it, and knew nothing of the title until thereafter, and did not know of the suit then pending affecting it; that Honeycutt directed him to Jackson, and he took the word of the two as to the value, paying $1,200 for this and two other tracts; that he paid in inherited cash, and not by check; that a Mr. Carlyle had told him something about the land; bought the land in Kansas City, without seeing it, or seeing an abstract, though he lived in Willow Springs at the time.

This fairly presents the evidence.

The prayer for reformation is based upon allegations that "by a mistake of the scrivener in the preparation of said deed" land in section 21 was erroneously described instead of the land...