50 Mo. 284 | Mo. | 1872
delivered the opinion of.the court.
The plaintiffs claim lot 243 in Old Town, now Kansas City, and show that in 1847 the “ Old Town Company,” consisting of John O. McCoy and others, were the proprietors of this and other lots; that they appointed Pierre M. Chouteau their attorney in fact to sell and convey said lots ; that Ezekiel Huffman purchased this lot, and that said Chouteau undertook to convey him the Same, but by a deed defective in this: that it recites that the
The chief controversy upon the trial arose, first, upon the right of the plaintiffs to the property as claiming under Huffman; and, second, upon the equities of defendants as innocent purchasers.
Counsel cite authorities to show that chancery proceedings to sell the real estate of minors are void, and that such minors, when arriving of age, may repudiate them and recover the property sold, and insist that if void they are a nullity, and cannot be treated as valid for any purpose.
It is, perhaps, unfortunate that we -are not supplied with a term of more precision than the word “ void,” a word more often used to point out what may be avoided by those interested in doing so than to indicate an absolute nullity — a proceeding or act to be disregarded on all occasions. Of the latter class we might instance a common-law judgment rendered by a town council or County Court, or a conveyance by a stranger to the title while the real owner is in possession under a record title. But many things are called void which are not absolutely so, and, as to mankind generally, are treated as valid. They can only be called relatively void. For instance, conveyances, assignments, etc., in fraud of creditors, are declared by the statute to be void as to such creditors, and yet they become perfectly good unless attacked by such creditors; and if they shall fail to attack them for the period fixed by the statute of limitations, they become absolutely valid. And so no such deeds are called void in favor of bona fide purchasers. (47 N. H. 542; 18 Johns. 514.) Spencer, J.,. in Anderson v. Roberts, 18 Johns. 527-8, makes the term “void”
. The force of this term is learnedly discussed in Pearsoll v. Chapin, 44 Penn. St. 9, and many instances are there given and authorities cited to show that it is used loosely and indefinitely both in statutes and by courts, and does not usually mean that the act or proceeding is an absolute nullity. (See also Mitchell v. Parker, 25 Mo. 31.)
The chancery proceedings now under consideration cannot be .considered a nullity, even if the court went beyond its powers. That court has always had jurisdiction over the person and estates of minors, and while it must be exercised according to law, yet if the court exceeds its powers under the law, it is not a naked assumption of power, as might' be the case if the tribunal had no such jurisdiction. Its action, then, being not a nullity, but, if void at all, only relatively so, strangers.cannot disregard it.
Saying nothing of the publicity of the judicial proceedings showing that the property belonged to the Scott heirs, and that the .plaintiffs became purchasers, and of their effect as notice, the inquiry arises whether a purchaser who buys of one who, as-he supposes, has the legal title, but who informs him that, even'if it be so, he does not own the property and makes no claim to it, and for a nominal consideration obtains from him a quit-claim deed, can be called an innocent purchaser, and can be protected either in equity or under the registration act. Clearly not. The purchaser lacks the elements which are essential to the protection of innocent purchasers. ■ ' ‘
the judgment will- be affirmed.