186 Iowa 1329 | Iowa | 1919
This action is brought to quiet title’ to a certain 160 acres of land. The defendant filed a cross-petition, asking that the title be quieted in him. The plaintiffs are the wife and son of the defendant’s youngest boy, J. S. Hagerty. The defendant is the owner of the record title to the land. He purchased it in 190-5 or 1906, and took title in his own name, and it has so remained ever since. On March 17, 1906, with the knowledge and consent and at the request of the defendant, J. S. Hagerty, with his family (these plaintiffs), took possession of this farm, and continued to occupy it as a home until December, 1911, and during that time made valuable improvements upon the farm, paid all taxes, and paid the interest accruing upon a certain mortgage that was then upon the farm, and was never called upon by the defendant to account for any of the rents or profits accruing therefrom. In December, 1914, on account of ill health, J. S. rented this farm in his own name, and took the rent notes payable to himself, with
The contention of the plaintiffs is:
(1) That the defendant bought the farm for his son, and made an oral gift of it to J. S. in 1906, and, in consummation of the gift, delivered to him the possession; so that the title, through the gift thus executed, passed insfanter to J. S., and was in him at the time of his death.
(2) That, if the gift should be considered imperfect, then, as J. S. took possession of the land in 1906, in reliance upon a claimed oral gift, and remained in the open possession of the same, with the knowledge of the defendant, ever since, under claim of right based upon the alleged gift, and has made valuable improvements, paid the taxes and interest on the loan then on the land, in good faith believing that the delivery of possession was in execution of a gift, the title was in J. S. at the time of his death, by adverse possession.
The defendant’s contention, however, is that he did not make a gift of the land to J. S.; that J. S. did not take possession relying upon a gift of the land; that it was the understanding, when he took possession, that he should have only the right to use the land, free of rent, on
Under these issues, the cause was' tried to the court, and a decree rendered for the defendant, dismissing plaintiffs’ petition. From this decree, the plaintiffs appeal.
It is apparent that the case presents simply fact questions, with the burden of proof upon the plaintiffs.
It is conceded that the defendant purchased the property and took the title in his own name, and that the record title has so remained ever since.
“The law is well settled * * * that the burden is upon the plaintiff [the plaintiff was the claimant under the gift] to establish the alleged gift; that ‘the evidence of the gift must be direct, positive, express, and unambiguous,’ and must show that the gift has been completely executed. ‘It is, therefore, necessary to the validity of a gift that the transaction be fully completed; that nothing essential remains undone.’ ”
The same doctrine is announced in Farlow v. Farlow, 154 Iowa 647, 649, in which it.is said:
“A gift, to be effectual, must be fully executed; and the question of whether or not there has been a gift in a given case is one of fact, in which the intention of the alleged donor in delivering the property is a very material inquiry.”
Turning to the evidence as we find it in the record, we note that the defendant was nearly 80 years of age at the time this suit was brought; that there were bom to him four children, one daughter and three sons,— a daughter, Mary, born in 1871; a son, William, bom in 1873; a son, Charles, born in 1875; and the son J. S., bom in 1877. In 1880, he purchased a farm of 160 acres, near the town of Templeton, Carroll County, known as the Templeton farm. He immediately moved to and occupied this farm, with his wife and children, and later, while residing on this farm, he purchased 80 acres in the same county. Here the defendant lived and educated his family, and laid the foundation for his fortune. His daughter, Mary, was married in 1897, and immediately moved with her husband to Adair County. Her husband died in 1910, leaving her and her children 240 acres of land. In 1898, defendant bought another' farm of 160 acres in Guthrie County, near Dexter. The defendant never assumed any control over this farm, but, immediately after the purchase, passed it into the possession of his son Charles, who has occupied and farmed the same ever since, and was in the possession and occupancy, with all the indicia of ownership, up to the time that J. S. died. In 1908, he sold the Templeton farms, consisting of 160 and 80 acres, and purchased a farm of about 240 acres in Adair County, a few miles south of Menlo. The title to one of the 80’s so pur
It therefore appears that, within a month after the death of J. S., the defendant executed warranty deeds to each of the sons for 160 acres, conveying to each the record title to the land theretofore occupied by him, without a showing of any consideration passing to him therefor, and a warranty deed to Mary for 80 acres, so that she too would have 160 acres, without any consideration passing to him therefor. It appears that these deeds were executed in .the office of one Carl P. Knox, who testified to the execution
“I drew four deeds: one deed from the defendant to his daughter, Mary, for 80 acres; one from the defendant to William, for 160 acres; one deed from the defendant to Charlie, for 80 acres; and on the next day, a quitclaim deed, which was signed by the defendant Charlie and his wife and Mary, to William, conveying to William their interest in the mother’s 80, so that each of the children living would have 160 acres.”
He testifies that Charlie made the arrangements and paid him for his services. Charlie said his father had never made a conveyance of his place to him, and he and Mary said they wanted the deeds drawn up; that the father was getting old; that William was to have the 160 acres of the Menlo farm; that something might happen, and they thought better to have deeds passing the record title. At the time the deeds were prepared, the scrivener remarked, “I suppose Steve owns the place south of Adair, does he?” and Mary spoke up and said, “No, Father is going to keep that for his support.” During the time,- the defendant, BOagerty, said nothing, but just signed and acknowledged all the four deeds. Charlie was the principal one to give instructions, — he and Mrs. James. Will and his wife did not have to sign any deeds, hut Will was there during part of the time.
So we turn back in the record to what was said and done by his father at the time, and just prior to the time, the farm was purchased, and at the time possession was surrendered to the husband and father of these plaintiffs.
The plaintiff Elizabeth Hagerty testified :
“While we were living in Dexter, J. S. was running a meat market. Mother Hagerty visited us, and asked us to be on the lookout for alarm, and said that, if we found one, it was to be ours. On this suggestion, we began to look for a farm. Found one farm that was satisfactory, but the purchase fell through. Charlie and Will aided us in looking up a farm. They finally bought the farm in question. When Will came back, he said, in the’ presence of Father Hagerty, ‘We have got you a farm.’ When we started down to take possession of the farm, Mother Hagerty said, in the presence of Father Hagerty, ‘Now, Steve, you are going on this farm. Try to make good, and take care of yourself.’ Father Hagerty said: ‘You are going on the farm. Now improve it, and make good.’ When my husband’s health began to fail, both Father and Mother Hagerty came to our home, and Mother Hagerty said, in the presence of Father Hagerty, ‘Why don’t you rent the farm? You can live on the rent. The rent of the farm will keep you.’ Father Hagerty said, ‘You are not physically able to farm here any longer.’ ”
She further said, in substance, that, when the old folks and the boys were looking for a farm for her husband, defendant said that, when it was purchased, it was to be Steve’s. We gather from the whole record that defendant purchased it for the son.