116 Mo. App. 680 | Mo. Ct. App. | 1906
Respondent having been defeated in an action in ejectment instituted by the appellants, brought the present action to recover the value of the improvements made by him and his grantors on the premises. The judgment in ejectment went in favor of appellants for an undivided twenty-one thirtieths interest in the premises. In his petition respondent-traces his title from Bernard Westmeyer, the common source of title. Said Westmeyer died in 1854, leaving a widow, Henrietta Westmeyer, and seven children, three of whom are the appellants. Prom the statements of the petition it appears that the broken link in respondent’s chain of title was the judgment in a partition suit instituted by the widow, Henrietta Westmeyer, against the said children, in 1856. In that suit the court having jurisdiction of it, ordered a sale of all lands, including the premises in controversy, whereof Bernard Westmeyer had died seized, and a division of the proceeds of the sale among the children and widow of Westmeyer,
The answer admitted the allegations of the petition regarding the respondent’s chain of title, and that judgment was recovered against respondent by appellants on a superior title. It averred that all the improvements on the lot were made by respondent’s predecessors in title; that though they held no estate in the lot except for the
Against that judgment the following propositions of law are raised:
First. An occupant of land who suffers defeat in an ejectment action, cannot recover the value of the improvements made on the land by his predecessors in the defective title ,* that his recovery must be confined to improvements made by himself.
Second. The owner of a life estate cannot claim, as against the owners of the remainder, compensation for improvements made by himself and predecessors in title before the termination of the life estate; for the reason that he does not hold adversely to the remaindermen.
Third. The owner in fee of an undivided part of a parcel of land, who at the same time owns another undivided part of said parcel for life, has such notice of the extent of his title to the part which he holds for life, that if he makes improvements thereon, he does so at his peril as against the remaindermen, and cannot recover the value of such improvements after judgment in ejectment has been recovered against him by the remaindermen on the termination of his estate for life.
Fourth. One holding title under a judgment which is void for want of jurisdiction in the court rendering it, is bound to take notice that the court had no jurisdiction and if he makes improvements while in possession of the land, claiming title under such judgment, he cannot recover compensation for them after he has been defeated in an ejectment action. This proposition is leveled against the judgment in the Westmeyer partition suit from which respondent derives title. As will be shown below, the court failed to obtain jurisdiction in that case over the appellants, and hence the sale un
Fifth. The judgment in the case at bar was not rendered in conformity to the statutes.
All those propositions have been decided adversely to the contention of appellants by the Supreme Court of this State. The present appeal was allowed to the Supreme Court, but was transferred from that court to this one; and we suppose the positions on which appellants rely, were taken by them in the hope that the Supreme Court might recede from its previous rulings. We have no power to depart from those rulings were we so disposed, and we are not. That an occupant of land under a claim of title asserted in good faith, is not confined in his recovery for improvements, to those made by himself, but may recover also for those made in good faith by his predecessors, was decided and the reason for the decision stated, in Stump v. Hornback, 15 Mo. App. 367. It was also decided without discussion in Russell v. Defrance, 39 Mo. 506. The case of Stump v. Hornback was before the Supreme Court on an appeal from the decision of this court, and though the judgment of this court was reversed because it was not in accord with the statutes, the decision and reasoning on the proposition that the defeated occupant might recover for improvements made by his predecessors, was not disapproved. Our statutes giving compensation to a party ousted from the possession of lands> for betterments he made in the belief that the title he held was indefeasible, were intended to remedy an infirmity in the common law. The object of the legislation was to allow the owner of the better title to get possession of Ms lands, without getting, at the same time, valuable improvements which had cost him nothing^ but had cost the dispossessed occupant something and been made on the faith of a title supposed to be good. We think there can be no question that the decision in Stump v. Hornback is. not only the rule of decision for the present case, but sound in its construction of the statutes.
The second proposition may be noticed more particularly. It is that respondent and his predecessors in the estate for life of Henrietta, Westmeyer did not hold adversely to these appellants as remaindermen, and hence cannot claim against them for the improvements made, but must be presumed to have made the improvements in order to enhance their own enjoyment of the life estate. The case of Stump v. Hornback is decisive of the point; and decisive, too, on the very ground we have stated, to-wit; that the spirit of the statutes allowing a defeated occupant the value of his improvements before he can be dispossessed, is to give him full compensation, if he was honestly mistaken regarding his title. Gallenkamp held a deed for the fee, as did most of his predecessors; and none of them held deeds which purported to convey only a life estate. Hence they held adversely; or, at least, claimed adversely, to appellants. They claimed the entire estate in fee simple instead of a, life estate; and in claiming the entire estate their claim certainly was adverse to the claim by appellants of a vested remainder in them, to take effect on the death of their mother. The improvements were erected, not to enhance the value of a life-holding; but in the belief, cherished by the owners of the life estate, that they owned the fee and to enhance the value of the fee.
The judgment is affirmed except as to time for compliance with the terms and conditions of the judgment of the circuit court. The time originally allowed by said court has elapsed and so the case is remanded with a direction to fix another date.