108 Mo. 569 | Mo. | 1891
This suit is ejectment to recover possession of the east half of the northeast quarter of section 21, township 28, range 29, in Jasper county. J udgment was for defendant, and plaintiff appealed.
On the fifth day of September, 1877, William J. Swindle, who is the common source of title, conveyed the land to Timothy Swindle, Ma.ry A. Swindle, Harvey P. Swindle, William B. Swindle and Mary McNala, by deed containing the statutory words, “grant, bargain and sell,” and also covenants of general warranty. These grantees were the children of the grantor, and, while the consideration named in the deed was $500, the evidence showed the conveyance to have been voluntary. At the date of this deed the grantor had suffered the taxes for the years 1874 and 1876 to remain unpaid, and they were a lien and a charge on the land. Under a judgment upon these taxes, in which all said grantees were made defendants, the land was sold, and purchased by one Buler, for fifty cents, and to whom it was conveyed by sheriff’s deed. On the twenty-fourth day of August, 1882, a lease of the property for a term of five years was made to defendant Caruthers. This lease was written by Timothy Swindle, and was signed by him, “W. J. Swindle and sons.” On the thirteenth of March, 1883, Buler, by quitclaim deed, conveyed the land back to William J. Swindle, for an express consideration of $10. On March 30, 1883, W. J. Swindle
I. It is very clear, and a well-settled principle of equity, that no one should be allowed to gain advantage to himself through his own neglect of duty. The taxes for two years were charges upon the land when the conveyance was made to the children of the grantor, and which he was under both legal and moral obligation to discharge. The law would be justly “chargeable with connivance at fraud and dishonesty” to permit the grantor to take advantage of his own delinquency for the purpose of wresting from his grantees the property already conveyed to them. . In such cases the law is well settled that the purchase shall operate as payment of the tax, and nothing more. Cooley, Taxation [2 Ed.] 501;'Desty, Taxation, 229, and authorities cited.
II. The grantor could with no more right or equity purchase at second hand from another, who had bought at public sale, than he could himself have purchased at such sale. In such case the purchase operates as a redemption from the tax sale, and an entire extinguishment of the tax title. Cooley, Taxation, 503, and authorities cited.
III. Plaintiff insists that the deed to the grantor’s children was voluntary; having no valuable consideration to support it, and the grantees, defendant’s lessors,