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Walker v. Walker

Court of Appeals of Missouri, Southern District, First Division

April 8, 2016

DENNIS L. WALKER, Plaintiff-Appellant,
v.
HALEIGH WALKER and BRADEN WALKER by their next friend, Peggie Lair, and THE UNKNOWN HEIRS OF BRADLEY M. WALKER, DECEASED, AND THEIR UNKNOWN HEIRS, DEVISEES, GRANTEES, ASSIGNEES, DONEES, ALIENEES, LEGATEES, ADMINISTRATORS, EXECUTORS, GUARDIANS, MORTGAGEES, TRUSTEES AND LEGAL REPRESENTATIVES, AND ALL OTHER PERSONS, CORPORATIONS OR SUCCESSORS CLAIMING, BY THROUGH AND UNDER THEM, Defendants-Respondents

Page 404

          APPEAL FROM THE CIRCUIT COURT OF POLK COUNTY. Honorable John Porter, Associate Circuit Judge.

         For Appellant: Arthur E. Olson of Springfield, MO.

         For Respondents: Angela C. Rieschel of Buffalo, MO and Jason T. Umbarger of Springfield, MO.

         JEFFREY W. BATES, J. -- OPINION AUTHOR. DANIEL E. SCOTT, P.J. -- CONCUR. MARY W. SHEFFIELD, C.J. -- CONCUR.

          OPINION

Page 405

         JEFFREY W. BATES, Judge

          AFFIRMED AND REMANDED WITH INSTRUCTIONS

         Dennis Walker (Dennis) appeals from the trial court's judgment ruling in favor of his grandchildren, Haleigh Walker and Braden Walker, by their next friend, Peggie Lair, (collectively Respondents) on a petition to quiet title to certain real estate located in Polk County, Missouri.[1] Dennis raises five points of alleged trial court error. Because the trial court failed to issue a written judgment containing a legal description of the real estate and announcing the parties' respective interests therein, we remand with instructions for the trial court to issue an amended judgment that does so. In all other respects, the judgment is affirmed.

         Factual and Procedural Background

         In February 2013, Dennis filed a two-count petition to quiet title in the subject real estate.[2] Count I was denominated " CONVEYANCE BY DEED" and described the subject real estate as:

All of the East Half of the Northwest Quarter of the Southwest Quarter of the Northeast Quarter, the Northeast Quarter of the Southwest Quarter of the Northeast Quarter, the Southeast Quarter of the Southwest Quarter of the Northeast Quarter and part of the Northwest Quarter of the Northeast Quarter described as beginning at the Northeast corner of the West 10 acres of said Northwest Quarter of Northeast Quarter, thence East 30 feet, thence South to the South line of said Northwest Quarter of Northeast Quarter, thence West 30 feet to the Southeast corner of said West 10 acres of said Northwest Quarter of Northeast Quarter, thence North to the point of beginning, all in Section 26, Township 35, Range 21 and subject to public roads and highways and easements of record.

         The petition then made the following allegations relevant to this appeal:

9. That on the 3rd day of February 1997, by warranty deed recorded at Book 584, Page 1799 of the Polk County Recorder, Plaintiff Dennis L. Walker, a single person, conveyed SUBJECT REAL ESTATE to his son, Bradley M. Walker, a single person.
10. That the interest conveyed by Plaintiff to said Bradley M. Walker by said deed was a three-fourths undivided interest of said SUBJECT REAL ESTATE to said Bradley M. Walker; the remaining one-fourth undivided interest being held by Plaintiff's sister, Linda Montgomery, who has not conveyed her interest.
11. That on the 28th day of September, 2000, Bradley M. Walker, a single person, reconveyed SUBJECT REAL ESTATE to Plaintiff by executing and delivering to Plaintiff, Dennis L. Walker, his warranty deed, a copy of which is marked Exhibit " A" and attached hereto and made a part hereof by reference and which is hereinafter referred to as " SUBJECT DEED" .
12. That by virtue of SUBJECT DEED, Plaintiff is the sole and rightful

Page 406

owner of three-fourths undivided interest in said real estate, the remaining one-fourth undivided interest being held by Linda Montgomery.
13. That SUBJECT DEED was not acknowledged before a notary public and ...

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