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Walker v. Walker
Court of Appeals of Missouri, Southern District, First Division
April 8, 2016
DENNIS L. WALKER, Plaintiff-Appellant,
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
FROM THE CIRCUIT COURT OF POLK COUNTY. Honorable John Porter,
Associate Circuit Judge.
Appellant: Arthur E. Olson of Springfield, MO.
Respondents: Angela C. Rieschel of Buffalo, MO and Jason T.
Umbarger of Springfield, MO.
W. BATES, J. -- OPINION AUTHOR. DANIEL E. SCOTT, P.J. --
CONCUR. MARY W. SHEFFIELD, C.J. -- CONCUR.
W. BATES, Judge
AFFIRMED AND REMANDED WITH INSTRUCTIONS
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. 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.
and Procedural Background
February 2013, Dennis filed a two-count petition to quiet
title in the subject real estate. 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.
petition then made the following allegations relevant to this
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
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 ...