Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Robertson v. Mauzey

Court of Appeals of Missouri, Western District, Third Division

May 9, 2017

DAVID A. ROBERTSON, SARAH C. SURRATT, and JOSEPH M. ROBERTSON, Appellants,
v.
DAVID LEE MAUZEY, CHARLES WILLIAM MAUZEY and the Unknown Heirs, Devisees, Grantees, Assignees, Donees, Alienees, Legatees, Administrators, Representatives, Guardians, Conservators, Mortgages, Trustees, Successors, and Assigns, of LEOLA MAUZEY, and All Other Persons, Corporations, or Successors Claiming By, Through, or Under LEOLA MAUZEY or any of Them, Respondents.

         Appeal from the Circuit Court of Chariton County The Honorable Terry A. Tschannen, Judge

          Before Alok Ahuja, P.J., and Victor C. Howard and James E. Welsh, JJ.

          Alok Ahuja, Judge

         David A. Robertson, Joseph M. Robertson, and Sarah C. Surratt (the "Robertsons") appeal from a judgment entered by the Circuit Court of Chariton County, which rejected their claim of adverse possession against David Lee Mauzey and Charles William Mauzey (the "Mauzeys") following a bench trial. We reverse.

         Factual Background

         This appeal concerns the ownership of a parcel of real estate totaling 530 acres and located in Chariton County ("the Property"). The Robertsons, three siblings, contend that they own the entire property. The trial court instead found that the Mauzeys own an undivided 1/12 interest in the Property.

         The ownership dispute dates back to a conveyance made in 1931. On October 21, 1931, David C. Robertson, a widower, conveyed the Property by warranty deed in equal shares to his six children: David Hurley Robertson, Fred Robertson, Nellie Glenn, Melber Robertson, Carrie Shackelford, and Leola Mauzey. The 1931 conveyance was subject to David C. Robertson's life estate.

         "The Robertsons" are the three children of David Hurley Robertson and his wife Naomi Robertson. The Mauzeys' purported interest in the Property derives from the share deeded in 1931 to Leola Mauzey.

         The following diagram illustrates the relevant family relationships.

(Image Omitted)

         At the time of the 1931 deed, Leola Mauzey was married to David Mauzey. The couple had no children together. Leola Mauzey died in 1933. Leola Mauzey's estate was not probated, and she did not convey her interest in the Property to anyone before her death. At the time of Leola Mauzey's death, the Property remained subject to David C. Robertson's life estate.

         After Leola Mauzeys' death, David Mauzey married Marguerite Mauzey. The couple had two children, the Mauzeys.

         David C. Robertson died on February 12, 1938.

         On May 24, 1952, Fred Robertson died intestate, leaving no spouse or children. His interest in the property passed in equal shares to his four surviving siblings: David Hurley Robertson, Nellie Glenn, Melber Robertson, and Carrie Shackelford.

         In 1954 Melber Robertson conveyed "a ¼ interest" in the Property to David Hurley Robertson and his wife Naomi Robertson. Nellie Glenn and Carrie Shackelford followed suit in 1956 and 1959 respectively, each conveying a ¼ interest in the Property to David Hurley Robertson and Naomi Robertson. The three deeds were publicly recorded. Presumably, the siblings transferred one-quarter interests in the Property in these transactions, rather than one-fifth interests, because they believed that Leola Mauzey's interest had been extinguished when she predeceased her father, or that her interest had been transferred by intestate succession to her father and surviving siblings, and then to the surviving siblings on David C. Robertson's death. As a result of the 1950's conveyances, David Hurley Robertson and his wife Naomi Robertson owned the entirety of the Property, with the possible exception of any interest owned by Leola Mauzey or her heirs.

         David Mauzey died on August 19, 1974. His second wife, Marguerite, predeceased him, and thus the Mauzeys were his sole heirs. David Lee Mauzey acted as the executor of his father's estate. The inventory for David Mauzey's estate did not list any interest in the Property.

         On October 4, 1977, David Hurley Robertson and Naomi Robertson conveyed the whole title to the Property to themselves as husband and wife. (Prior to that time, David Hurley Robertson had individually owned the share of the Property he received in the 1931 conveyance from his father.) The 1977 conveyance was made by Warranty Deed, and was publicly recorded.

         David Hurley Robertson died in 1988, and Naomi Robertson died on September 9, 1993. The Property was distributed to the Robertsons by a court order of distribution in the probate estate of ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.