Walters v. Tucker
| Decision Date | 11 July 1955 |
| Docket Number | No. 44385,No. 1,44385,1 |
| Parties | Rose L. WALTERS, Appellant, v. Charles D. TUCKER, Sr., and Myrtle Tucker, his Wife, Respondents |
| Court | Missouri Supreme Court |
L. A. Robertson and Alexander & Robertson, St. Louis, for appellant.
David J. Tompkins, St. Louis, for respondents.
This is an action to quiet title to certain real estate situate in the City of Webster Groves, St. Louis County, Missouri. Plaintiff and defendants are the owners of adjoining residential properties fronting northward on Oak Street. Plaintiff's property, known as 450 Oak Street, lies to the west of defendants' property, known as 446 Oak Street. The controversy arises over their division line. Plaintiff contends that her lot is 50 feet in width, east and west. Defendants contend that plaintiff's lot is only approximately 42 feet in width, east and west. The trial court, sitting without a jury, found the issues in favor of defendants and rendered judgment accordingly, from which plaintiff has appealed.
The common source of title is Fred F. Wolf and Rose E. Wolf, husband and wife, who in 1922 acquired the whole of Lot 13 of West Helfenstein Park, as shown by plat thereof recorded in St. Louis County. In 1924, Mr. and Mrs. Wolf conveyed to Charles Arthur Forse and wife the following described portion of said Lot 13:
'The West 50 feet of Lot 13 of West Helfenstein Park, a Sub-division in United States Survey 1953, Twp. 45, Range 8 East, St. Louis County, Missouri, * * *.'
Plaintiff, through mesne conveyances carrying a description like that above, is the last grantee of and successor in title to the aforesaid portion of Lot 13. Defendants, through mesne conveyances, are the last grantees of and successors in title to the remaining portion of Lot 13.
At the time of the above conveyance in 1924, there was and is now situate on the tract described therein a one-story frame dwelling house (450 Oak Street), which was then and continuously since has been occupied as a dwelling by the successive owners of said tract, or their tenants. In 1925, Mr. and Mrs. Wolf built a 1 1/2-story stucco dwelling house on the portion of Lot 13 retained by them. This house (446 Oak Street) continuously since has been occupied as a dwelling by the successive owners of said portion of Lot 13, or their tenants.
Despite the apparent clarity of the description in plaintiff's deed, extrinsic evidence was heard for the purpose of enabling the trial court to interpret the true meaning of the description set forth therein. At the close of all the evidence the trial court found that the description did not clearly reveal whether the property conveyed 'was to be fifty feet along the front line facing Oak Street or fifty feet measured Eastwardly at right angles from the West line of the property * * *'; that the 'difference in method of ascertaining fifty feet would result in a difference to the parties of a strip the length of the lot and approximately eight feet in width'; that an ambiguity existed which justified the hearing of extrinsic evidence; and that the 'West fifty feet should be measured on the front or street line facing Oak Street.' The judgment rendered in conformity with the above finding had the effect of fixing the east-west width of plaintiff's tract at about 42 feet.
Plaintiff contends that the description in the deed is clear, definite and unambiguous, both on its face and when applied to the land; that the trial court erred in hearing and considering extrinsic evidence; and that its finding and judgment changes the clearly expressed meaning of the description and describes and substitutes a different tract from that acquired by her under her deed. Defendants do not contend that the description, on its face, is ambiguous, but do contend that when applied to the land it is subject to 'dual interpretation'; that under the evidence the trial court did not err in finding it contained a latent ambiguity and that parol evidence was admissible to ascertain and determine its true meaning; and that the finding and judgment of the trial court properly construes and adjudges the true meaning of the description set forth in said deed.
Attached hereto is a reduced copy of an unchallenged survey of Lot 13, as made by plaintiff's witness, Robert J. Joyce, surveyor and graduate (1928) in civil engineering at Massachusetts Institute of Technology, for use in this litigation. Inasmuch as the two properties here in question front northward on Oak Street, the plat is made to be viewed from the bottom toward the top, which in this instance is from north to south:
NOTE: OPINION CONTAINS TABLE OR OTHER DATA THAT IS NOT VIEWABLE
It is seen that Lot 13 extends generally north and south. It is bounded on the north by Oak Street (except that a small triangular lot from another subdivision cuts off its frontage thereon at the northeast corner). On the south it is bounded by the Missouri Pacific Railroad right of way. Both Oak Street and the railroad right of way extend in a general northeast-southwest direction, but at differing angles.
Joyce testified: The plat was a 'survey of the West 50 feet of Lot 13 of West Helfenstein Park'. In making the survey the west boundary line of Lot 13 was first established. Lines 50 feet in length (one near the north end and one near the south end of the lot, as shown by the plat) were run eastwardly at right angles to the west line of the lot, and then a line was run parallel to the west line and 50 feet, as above measured, from it, intersecting both the north and south boundaries of the lot. This line, which represented 50 feet...
To continue reading
Request your trial
-
Snadon v. Gayer
...A.L.R. Anno. p. 5, quoted with approval in Meinhardt v. White, 341 Mo. 446, 107 S.W.2d 1061, 1064(4) (1937). And see Walters v. Tucker, 281 S.W.2d 843, 847(1) (Mo.1955)." Becker v. Workman, supra, 530 S.W.2d at 6(1). In the instant case, certain evidence and permissible inferences drawn the......
-
Hardin v. Ray
...819, 820(1); Bybee v. Dixon, Mo.App., 380 S.W.2d 539, 540(1); Welch v. Mischke, 154 Mo.App. 728, 136 S.W. 36, 40(6).6 Walters v. Tucker, Mo., 281 S.W.2d 843, 847(4); Bloker v. Foley, Mo., 193 S.W. 561(2); Jennings v. Brizeadine, 44 Mo. 332, 334--335; Gallizzi v. Scavo, 406 Pa. 629, 179 A.2d......
-
Fuentes v. Hirsch
...the southwest corner of the property as any other. The direction is not given which would undoubtedly have made it clear. Walters v. Tucker, Mo., 281 S.W.2d 843 (1955). A beginning point is not definitely stated such as was used in Pitts v. Zavala-Dimmit Counties Water Improvement Dist. No.......
-
Walters v. Tucker
...they say, the evidence established title in defendants by adverse possession. The is the second appeal in this case. See Walters v. Tucker, Mo.Sup., 281 S.W.2d 843, wherein the facts pertaining to the origin of this title controversy are stated, and wherein appears a reproduction of a surve......