Beagle v. Hanks

VAN DYKE, P. J.

Plaintiff (appellant here) filed an action to quiet title to certain real property, naming as parties defendant his four brothers and sisters. The complaint alleged that plaintiff was the owner in fee of certain described prop

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erty and that he had been in the actual, exclusive and adverse possession thereof for over five years before the filing of the complaint, claiming to own the same in fee; that he had paid all taxes during the alleged period of adverse possession. Defendants answered, asserting that, subject to administration in the estate of their father, they were the sole owners of the property in controversy and that plaintiff had no right, title or interest therein. The court adopted findings of fact as follows: That plaintiff and defendants were all children of C. M. Beagle; that by his will his property was given to the four defendants in equal shares; that in 1929 said decedent owned the real property in question and in that year entered into an oral agreement with the plaintiff, wherein the parties mutually agreed to sell and to buy the subject property for the sum of $5,000, which plaintiff agreed to pay “as he could”; that plaintiff was given an initial credit of $1,000 upon the purchase price as an advancement of his probable inheritance as one of the five children of his father; that plaintiff took possession of the property and held such possession continuously from that time; that in 1932 plaintiff paid his father $600 in cash; that by the agreement plaintiff was required to pay all taxes and had done so; that immediately after possession of the property was taken by plaintiff the father moved away and during the remainder of his lifetime resided with his other children; that he died in 1943 and by his will left plaintiff the sum of $5.00 only, all the rest of his property going to the other four children

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that plaintiff had never at any time claimed to hold or possess the real property adversely to his father or to the defendants, nor had he ever indicated by word or deed that he claimed the property adversely; that his possession of the property had never at any time been adverse to his father or to his brothers and sisters and was in fact in subordination to the legal title; that plaintiff was not the owner of the property, saving and excepting his rights as vendee. Conformable conclusions of law were drawn and judgment was entered that plaintiff’s only right in the property was such as he took and held under the contract. From that judgment the plaintiff has appealed.