Weatherwax v. Redding

953 S.W.2d 162, 1997 Mo. App. LEXIS 1735, 1997 WL 605874
CourtMissouri Court of Appeals
DecidedOctober 3, 1997
DocketNo. 21432
StatusPublished
Cited by8 cases

This text of 953 S.W.2d 162 (Weatherwax v. Redding) 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
Weatherwax v. Redding, 953 S.W.2d 162, 1997 Mo. App. LEXIS 1735, 1997 WL 605874 (Mo. Ct. App. 1997).

Opinion

CROW, Judge.

Beverly Weatherwax, owner of a house and lot, sued Glenn Redding and Betty Red-ding, the occupants of that property.1 Plaintiffs petition prayed for possession of the property and other relief, including money damages.

Defendants counterclaimed, seeking compensation from Plaintiff for improvements to the property allegedly made by Defendants. Defendants based their counterclaim on § 524.160, RSMo 1994, which reads:

“If a judgment or decree of dispossession shall be given in an action for the recovery of possession of premises, or in any real action in favor of a person having a better title thereto, against a person in the possession, held by himself or by his tenant, of any lands, tenements or heredit-aments, such person may recover, in a court of competent jurisdiction, compensation for all improvements made by him in good faith on such lands, tenements or hereditaments, prior to his having had notice of such adverse title.”

The trial court heard the case without a jury and entered judgment awarding Plaintiff sundry relief including possession of the property and money damages from Defendants. The judgment also awarded Defendants money damages from Plaintiff on Defendants’ counterclaim. The sum awarded Defendants exceeded the sum awarded Plaintiff. The judgment set off the two sums against each other and provided that Defendants shall recover the difference, $3,449.11, from Plaintiff.2

[164]*164Plaintiff appeals. Her sole point relied on challenges only the portion of the judgment awarding Defendants damages on their counterclaim.

We begin our account of the pertinent facts by setting forth those which are undisputed. We shall refer to the property involved in this litigation as Lot 14.3

By warranty deed executed April 4, 1986, and recorded April 9, 1986, a grantor conveyed Lot 14 to Plaintiff and her then-husband, Ralph Weatherwax. Plaintiff and Defendants agree that the deed vested ownership of Lot 14 in Plaintiff and Ralph 4 as tenants by the entirety.

At trial, Plaintiff was asked whether she had ever been to Lot 14. She answered: “I think that’s the house Ralph showed me before he bought it. He took me to it [in 1986].”

Defendants, as “Purchasers,” signed a contract dated May 30, 1986, to buy Lot 14. The contract—received in evidence at trial— identifies Plaintiff and Ralph as “Vendors,” and bears the signature of Ralph and a signature purporting to be that of Plaintiff.

The contract sets the price at $46,500, and requires Defendants to pay monthly installments of $450, beginning May 30, 1986, and continuing until all principal and interest is paid.

Defendants took possession of Lot 14 on June 1, 1986. Thereafter, they made improvements to it. The trial court found Ralph had knowledge of the improvements and consented thereto, and that the improvements enhanced the market value of Lot 14 by $11,299.11.5 Neither side challenges those findings in this appeal.

Plaintiff testified Ralph was in the “rental business.” She explained that prior to 1993 she had no “dealings” regarding properties titled “jointly” to her and him. Ralph “put people in [the properties],” and collected rent.

Circumstances changed in January, 1993. According to Plaintiff, Ralph was charged with conspiracy to commit murder.6 He was free on bond pending trial, but was required to “stay at home.” As a result, Plaintiff became “somewhat involved in the management of [the] rental properties.”

Plaintiff recounted that in the fall of 1993 she did not get a payment from the occupants of Lot 14. She asked her lawyer to investigate. As a result of the inquiry, she received a copy of the contract of May 30, 1986, together with a copy of an unrecorded warranty deed, ostensibly executed by her and Ralph on June 3, 1986, conveying Lot 14 to Defendants.7

Plaintiff avowed that upon examining the two documents, she concluded the signatures purporting to be hers were not written by her.

At Plaintiff’s direction, her lawyer notified Defendants by letter that Plaintiff was not bound by the contract or the deed, and that if Defendants wanted to buy Lot 14, they would have to enter into a new contract with Plaintiff.

Negotiations between Plaintiff and Defendants, through counsel, did not resolve the matter. Plaintiff commenced this suit February 18,1994.

By a decree of dissolution of marriage entered May 2, 1994 (while this suit was pending in the trial court), Plaintiff’s marriage to Ralph was dissolved. The decree awarded Plaintiff all right, title and interest in Lot 14.

As noted earlier,8 Plaintiff sought relief in five counts. The trial court granted Plaintiff relief including possession of Lot 14, money [165]*165damages, and a declaration that Plaintiff is vested with fee simple ownership of Lot 14. Inasmuch as Defendants did not appeal and Plaintiff attacks only the portion of the judgment awarding Defendants damages on their counterclaim, we need not comment on the relief awarded Plaintiff.

In First Federal Savings & Loan Assn. v. Wills, 789 S.W.2d 873 (Mo.App.S.D.1990), the owners of real estate which was subject to a deed of trust made improvements on their tracts. Id, at 874. The mortgagee subsequently foreclosed the deed of trust. Id. The owners asserted a claim for improvements per § 524.160, the statute relied on by Defendants in the instant case (quoted supra ). This court held:

“The statute embodies the common law remedy to the extent it is based upon the acquiescence of the holder of the adverse title. Toalson v. Madison, [307 S.W.2d 32 (Mo.App.1957) ]. The constitutionality of the statute has been upheld on that basis. Tice v. Fleming, 173 Mo. 49, 72 S.W. 689 (1903). One making improvements may not recover at common law or under the statute unless the holder of the adverse title has knowledge of the improvements.”

First Federal, 789 S.W.2d at 875[3] (emphasis added).

At trial, Plaintiff’s lawyer endeavored to demonstrate that Plaintiff was unaware Defendants were making improvements to Lot 14, and that Plaintiff learned of the improvements only after Defendants were evicted.9 Cross-examination of Defendant Glenn Red-ding by Plaintiff’s lawyer produced this dialogue:

“Q. Did you notify Mrs. Weatherwax in advance of the making of any of these improvements?
A. Not directly.
Q. ... Are you aware of any evidence which establishes that she was aware of the making of these improvements in advance of their being made?
A. Only statements from Mr. Weather-wax.
Q. I see. Beyond that, anything?
A. No, sir.
Q.

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Cite This Page — Counsel Stack

Bluebook (online)
953 S.W.2d 162, 1997 Mo. App. LEXIS 1735, 1997 WL 605874, Counsel Stack Legal Research, https://law.counselstack.com/opinion/weatherwax-v-redding-moctapp-1997.