Manard v. Snyder Bros. Co.

964 S.W.2d 487, 1998 Mo. App. LEXIS 420, 1998 WL 94614
CourtMissouri Court of Appeals
DecidedMarch 6, 1998
DocketNo. 21377
StatusPublished
Cited by2 cases

This text of 964 S.W.2d 487 (Manard v. Snyder Bros. Co.) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Manard v. Snyder Bros. Co., 964 S.W.2d 487, 1998 Mo. App. LEXIS 420, 1998 WL 94614 (Mo. Ct. App. 1998).

Opinion

CROW, Judge.

Plaintiffs, J. Kevin Manard and Janet K. McKinney, brought this action in 1995 against three defendants: Snyder Brothers Company, a “Missouri corporation whose charter has been forfeited,” Olney R. (Rick) Neal, Jr. and Judy C. Neal. Plaintiffs’ petition alleged Rick1 was president and sole director of Snyder Brothers Company (“SBC”) when its charter was forfeited, and Judy was then SBC’s treasurer.

The goal of Plaintiffs’ petition was to quiet title in them to two parcels of land formerly owned by SBC and sold to Plaintiffs’ mother, Mary Manard (now deceased 2), by the collector of Jasper County because of unpaid taxes.

The trial court quieted title to both parcels in Plaintiffs. Defendants appeal.3

Defendants’ four assignments of error can be coherently discussed — if at all — only after an account of the mind-boggling facts. Because the facts and legal issues pertinent to each of the two parcels are different, this [489]*489opinion sets forth the facts and addresses the legal issues regarding each parcel separately.

Three of Defendants’ claims of error pertain to a parcel referred to by the parties at trial and in their briefs as “Tract 1.” This opinion begins with that parcel.

In 1971, Merle D. Snyder and Darlene Snyder, husband and wife, acquired ownership of all of Lots 15 and 16 in Garvin’s Prosperity Acres, a Jasper County subdivision. Lots 15 and 16 appear on Appendix A at the end of this opinion and are identified by diagonal, parallel lines lying across them.

In 1980, Merle4 and Darlene conveyed part of the land identified in the preceding paragraph to SBC. At trial and in the briefs, the parties refer to the parcel conveyed to SBC as “the Bunker.” So shall this opinion. Although the Bunker is not one of the two parcels in dispute, it abuts one of them and, as shall become evident infra, is intertwined in the events that begot this suit. The Bunker appears on Appendix B at the end of this opinion and is identified by diagonal, parallel lines lying across it.

The legal description of the Bunker, as it appeared in the deed from Merle and Darlene to SBC, is set forth on Appendix C at the end of this opinion. It is the first of the two descriptions on Appendix C. The beginning point of the description is the southeast corner of section 9 in a designated township and range. As this court comprehends the evidence, that corner lies in the intersection of Prosperity Road (shown on Appendix B) and a road running perpendicular to it. The point where the perpendicular lines cross each other in the intersection appears to be the abutting comers of sections 9,10,15 and 16.

Upon receiving the deed to the Bunker from Merle and Darlene in 1980, SBC simultaneously executed a deed of trust on the Bunker to Commerce Bank of Joplin (“Commerce Bank”), securing a $225,000 note.

In 1983, Darlene conveyed another part of the land in Lots 15 and 16 to SBC.5 That part is the parcel referred to as “Tract 1.” It appears on Appendix D at the end of this opinion and is identified by diagonal, parallel lines lying across it.

The legal description of Tract 1, as it appeared in the 1983 deed from Darlene to SBC, is set forth on Appendix C at the end of this opinion. It is the second of the two descriptions on Appendix C.

Larry Carsten, chief appraiser for the Jasper County assessor, testified that each parcel of land in the county is assigned a “code number” by that office. The code number appears on tax statements for the parcel to which the number is assigned.

Carsten explained that if a landowner acquires a parcel of land adjoining a parcel he already owns, and if there are no liens on either parcel, the assessor’s office will “eventually combine those together to one tax bill.” The parcels, when combined, will be identified by only one code number. That is, said Carsten, “One number would be done away with.”

If the landowner thereafter sells part of the combined tract but keeps the rest of it, a new code number will be assigned to the parcel sold. The new number will be a combination of the prior number plus a four-digit “tag number” such as “1000.”

Sometime before 1987, the assessor assigned code number 18-155033-1000 to Tract 1; the assessor assigned code number 18-155034 to the Bunker.

On September 23,1987, inasmuch as Tract 1 and the Bunker were both then owned by SBC and abutted each other, the assessor combined the parcels under code number 18-155034-0000.

The next year, 1988, Commerce Bank foreclosed its deed of trust on the Bunker. Although the record is sketchy, the parties agree in their briefs that Commerce Bank [490]*490acquired ownership of the Bunker at foreclosure.6

Because SBC no longer owned the Bunker after the foreclosure, the assessor assigned the Bunker a new code number: 18-155034-1000. The assessor continued to carry Tract 1 under code number 18-155034-0000.

On August 11,1990, the collector of Jasper County published a notice identifying certain tracts of land that would be sold because of unpaid taxes. The notice read, inter alia:

“GARVIN’S PROSPERITY ACRES- ADDITION — BEG 283’ N SW COR LOT 15 TH N 344.35’ E 431.43’ S 208.7’ W 190.95’ S 135.15’ W TO BEG. YEARS: 1987-$1,822.41 GARVIN’S PROSPERITY ACRES ADDITION — PART LOTS 15 & 16 BEG SE COR SEC TH N 449.05’ W 429.65’ S 448.15’ E 29.65’ TO BEG EX RD R/W YEAR: 1987-$4,012.64 GARVIN’S PROSPERITY ACRES ADDITION-PART LOTS 15 & 16 BEG 283’ N SW COR LOT 15 N 344.35’ E 431.43’ S 208.7’ W 195’ S 140’ W TO POB EX RD (3.86 ACRES) (COMBINED IN 1988) YEARS: 1988-$668.29,. 1989-$629.18, TOTAL-$7,132.52 SNYDER BROTHERS COMPANY, INC.”

The notice ostensibly describes three parcels.

The first description in the notice corresponds with the description of Tract 1 on Appendix C, except the final distance in the description on Appendix C (240.48 feet) does not appear in the description in the notice. The notice shows taxes are due on the described parcel for. one year (Í987) in the sum of $1,822.41.

The second description in the notice corresponds with the description of the Bunker on Appendix C except the final distance in the description on Appendix C is 429.65 feet, while the final distance in the notice is 29.65 feet. The notice shows taxes are due on the described parcel for one year (1987) in the sum of $4,012.64.

The third description in the notice corresponds with the description of Tract 1 on Appendix C until the description reaches the point where it turns west. On Appendix C, the description reads: “thence South 89°13’ West 190.95 feet”; on the notice, the description reads: “W 195’.” The next segment of the description of Tract 1 on Appendix C reads: “thence South 135:15 feet”; on the notice, the description reads: “S 140’.” The final distance in the description of Tract 1 on Appendix C is 240.48 feet. That distance does' not appear in the description in the notice. The notice shows taxes are due on the described parcel for two years (1988 and 1989) in the respective amounts of $668.29 and $629.18.

The figure at the end of the notice ($7,132.52) is the total of all four amounts in the notice (one amount, $4,012.64, being attributable to the Bunker).

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Related

State v. Keightley
147 S.W.3d 179 (Missouri Court of Appeals, 2004)

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Bluebook (online)
964 S.W.2d 487, 1998 Mo. App. LEXIS 420, 1998 WL 94614, Counsel Stack Legal Research, https://law.counselstack.com/opinion/manard-v-snyder-bros-co-moctapp-1998.