Miller v. Minstermann

266 S.W.2d 672
CourtSupreme Court of Missouri
DecidedMarch 8, 1954
DocketNo. 42952
StatusPublished
Cited by7 cases

This text of 266 S.W.2d 672 (Miller v. Minstermann) is published on Counsel Stack Legal Research, covering Supreme Court of Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Miller v. Minstermann, 266 S.W.2d 672 (Mo. 1954).

Opinion

HOLLINGSWORTFI, Judge.

This is a suit in equity to have declared void a deed purportedly executed and delivered by plaintiff' conveying to defendant certain residential property located at 8431 Lowell Street in the City of St. Louis.

The trial court found the deed “was not in truth and in fact, executed by plaintiff to defendant, said deed showing on its face as having been, materially and substantially changed and altered; that defendant upon oath, on the witness stand, testified that said deed was executed before the notary public at her office in St. Louis, Missouri, and that the alleged grantor and the notary public signed said deed with pen and ink furnished by the notary public and that said deed shows, on its face that the signature of the alleged grantor was signed with black ink, and that of the notary public with the usual arid ordinary blue-black ink, customarily used in business establishments. * * * that said alleged deed was not executed by the plaintiff herein.” A decree was entered declaring the deed void. Defendant appealed on the ground the evidence does not support the finding and decree of the court.

The petition alleged that in 1938, at the solicitation of defendant, she began to “keep company” with him, which association continued through 1947, during all of which time he represented himself to be an unmarried man; that he proposed marriage to her, took her to Canada and there seduced her under promise of marriage; that defendant was in’ fact married and his wife was confined in a hospital for the insane; that plaintiff's grandmother, Laura B. DeNomy, was 'and for -several years had been the owner of -the real property here involved which, prior to May; 16, 1941, had become encumbered by liens for unpaid taxes; that it was the wish of' Laura B. DeNomy that the property remain her home during her lifetime and then become the home of .plaintiff’s parents, and thereafter “remain in the family”; that defendant, while engaged to marry plaintiff, offered to pay said, taxes; that, on May 16, ,1941, Laura B. DeNomy, in consideration of [673]*673love and affection and by way of gift, delivered to plaintiff a deed to the property; that defendant offered to “take care of all details”; that defendant brought various papers to Laura B. DeNomy and plaintiff, which they signed; that thereafter plaintiff paid all of the taxes on the property; that in 1947 plaintiff learned defendant was married and broke off all relations with him, and thereafter married her present husband ; and that in 1949 she learned the deed here in question had been placed of record on August 6, 1948.

The petition then alleges, “that plaintiff never did at any time deed such property to defendant, and if such deed so recites, was obtained by trick, deceit, misrepresentation and fraud; that if such a paper writing was signed by her, it was represented to her at the time as being application for a driver’s license.” The petition then further alleges in the next paragraph “that plaintiff has since learned that defendant tricked her into signing a paper [the deed here involved] for him so that if she ever married, he would have her at his mercy.” (Emphasis ours.)

The answer admitted defendant was a married man and categorically denied the other allegations of the petition.

We will first state the admitted facts. Plaintiff, Lorraine Hauschild Miller, was born July 2, 1919. She is the daughter of Edward M. Hauschild, deceased, and Louise L. Hauschild. Laura B. DeNomy, now deceased, was plaintiff’s maternal grandmother. Plaintiff’s parents were poor and she received only an eighth grade education. Defendant, sixty years of age at the time of the trial in June, 1951, was at all the times herein mentioned a member of the St. Louis Fire Department. He is and for more than twenty years has been married and his wife has been confined in an asylum for the insane.

In 1938, when plaintiff was past eighteen years of age, she began to have dates with defendant. This association continued until 1947. Shortly after plaintiff and defendant began their association, he became a frequent visitor in plaintiff’s home, ate many meals there and brought food into the home. He also frequently accompanied plaintiff on visits to the home of her grandmother, Mrs. DeNomy, who owned and resided in the property here involved. She and her husband acquired the property in 1927 as tenants by the entirety. Her husband died in 1929. She “lived” on a pension of about $19 per month. Defendant brought groceries to Mrs. DeNomy and did chore's around her home for her. She was very fond of him.

In July, 1940, plaintiff and defendant went to Canada. They also made trips to Chicago, Detroit and Niagara Falls, registering in hotels as “John Minstermann and party” and occupying the same room.

Mrs. DeNomy was and since 1937 had been in default of payment of general and special taxes assessed against the property and was threatened with suit to foreclose the lien thereof. In 1941, a conference was held between Mrs. DeNomy and her several children, in which conference plaintiff and defendant participated, for the purpose of averting, if possible, the impending foreclosure. It is admitted by all of the persons attending the conference that an arrangement was made whereby defendant would discharge the tax liens against the property and Mrs. DeNomy would execute a deed to the property, with the understanding, however, that she would continue to occupy the home so long as she lived. There is a heated dispute as to whom Mrs. DeNomy was to execute the deed: plaintiff and her mother, Louise Hauschild, asserting that the deed was to be made to plaintiff; defendant and the others attending the conference asserting it was to be made to defendant; of which more later.

Following this conference, defendant, on February 28, 1941, paid the general taxes, together with interest accumulations and penalties, amounting in all to $136.28. According to the tax receipts in evidence the property had an assessed valuation of $l,-030. Thereafter, a typewritten instrument, admittedly bearing the genuine signatures of the persons whose names are appended thereto, was executed and delivered to defendant, to wit:

[674]*674“Receipt for Earnest Money.
“Received of John G. Minstermann, the sum, of One Dollar ($1.00) as earnest money and part purchase money on account of the purchase of the following’ described property, situated in the City of St. Louis, State of Missouri, to-wit:
(Property here involved described.)
which property is this day sold to John G. Minstermann for a sum of One Dollar ($1.00) and John G., Minstermann shall assume all indebtedness . now existing against said property such as taxes,- water license, judgments or any liens whatsoever that may be against said property. In other words, Laura B. DeNomy shall receive a consideration of One Dollar ($1.00) for her equity in the above mentioned property and John G. Minstermann shall receive a Deed to said property subject to all indebtedness now existing against said property as above mentioned.
“Signed this 5th day of March, 1941.
“Mrs. Laura B. DeNomy
Laura B. DeNomy
Witness:
Louise L. Hauschild
"Accepted by:
John Minstermann.”

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Bluebook (online)
266 S.W.2d 672, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miller-v-minstermann-mo-1954.