Hoverstock v. Rogers
Hoverstock v. Rogers
Opinion of the Court
This case is a consolidation of two cases, former appeals in which are reported in 239 Mo. 417, 144 S. W. 479, under tbe title of Wrightsman v. Rogers, and in 239 Mo. 430, 144 S. W. 483, Hoverstock v. Rogers. Facts not necessary to be repeated will be found in sucb former opinions. Tbe object of these suits originally was to bave tbe court declare a resulting trust in favor of plaintiffs in certain real estate, •a hotel in Ozark, Missouri ,the legal title of which was then in tbe defendant but formerly in plaintiffs’ mother. Tbe Supreme Court held that under tbe evidence, reviewed by it in an equity case, each of tbe two plaintiffs was tbe owner of a two-ninths interest in said hotel propery by reason of having furnished that proportion of tbe purchase price, but that, a certain note for $1350, held by defendant, was a valid first lien on tbe whole of said property; that plaintiffs’’ mother, who signed sucb note and who then equitably only owned three-ninths of said property, was tbe principal debtor for said amount and that plaintiffs and tbeir sister were in equity her sureties. Tbe cases were reversed and remanded with directions to bave tbe property sold, for an accounting of rents and profits •and to pay tbe amount due on said note out of tbe mother’s interest, if sufficient, and, if not sufficient, to pay tbe balance pro, rata out of tbe interests of tbe plaintiffs and tbeir sister.
It is stated by appellants here, and not denied by respondent, that after tbe cases were- so remanded with directions, tbe property sold for $3125, though tbe record shows nothing as to any sale, bow, or by what authority, made or what it sold for. It is further admitted that tbe $1350 note in question, wdtbout any credit being allowed thereon, amounted to more than
The plaintiffs then put in evidence “the files in the suit,” showing that in January, 1907, and while these cases were pending in the Supreme Court, the defendant had reduced his note for $1350 to judgment against plaintiffs’ mother, whom the Supreme Court held to be the principal debtor, together with another note given by the mother to him, the total judgment being for $2530. The petition and judgment in that case shows that the amount due on the note for $1350, here involved, was $2140, and on the other note $390, making the judgment, as stated, $2530, with costs taxed at $12.30. It was also shown that there was realized on executions issued on this judgment, after allowing the mother her exemption of $300, the sum of $331.90, As this is less than the amount due on the other note sued on at the same time and merged in the judgment on the note for $1350, we see no advantage gained by plaintiffs by putting in this evidence, though granting that plaintiffs are entitled to show payments made on this $1350 note adjudged by the Supreme Court to be a valid lien on the hotel property. On this showing plaintiffs were not entitled to anything.
The other evidence for plaintiffs at this trial com sists of short extracts taken from the evidence introduced at the former trials and which was before the Supreme Court on the former appeals. It is claimed that this evidence shows that certain credits should be given on this $1350 note and that thereby the amount due would be so reduced as to leave a balance due these
It will he conceded, or ought to be, that any question arising on the former appeals which was fairly presented to the court and which was necessary to a decision of the case and was in fact then decided is res judicata and binding on the trial court and this court. [Gwin v. Waggoner, 116 Mo. 143, 151, 22 S. W. 710; Hinzeman v. Railroad, 199 Mo. 56, 94 S. W. 973; Ables v. Askley, 133 Mo. App. 594, 133 S. W. 698.] And this is especially true and allows no opening up of old issues when a case is reversed and remanded with directions to do certain things. [State ex rel. v. Anthony, 65 Mo. App. 543, 551; Shroyer v. Nickell, 67 Mo. 589; Scullin v. Railroad, 192 Mo. 6, 90 S. W. 1028; State ex rel. v. Edwards, 144 Mo. 467, 46 S. W. 160.]
In the former trial plaintiffs were seeking to impress the land in controversy with a resulting trust in their favor, based on the fact of their having paid, through their guardian, a part of the purchase price of this hotel property. It was the very gist of their action to, determine the amount each party so paid. Plaintiffs claimed they had each paid one-fourth. The Supreme Court found that of the purchase price the two plaintiffs each paid $900, their sister $900 and their mother $1350. On this the court ascertained and adjudged-the interest of the mother to he three-ninths and of each of the three daughters, inclusive of these plaintiffs, to be two-ninths. These findings are certainly res judicata. The court also found on defendant’s contention that the defendant had loaned the mother $1350, represented by the note in issue, and that this money went into the hotel property; otherwise it would not have been an equitable lien on plaintiffs’ interests therein. It was also shown that the mother owed defendant other notes than this one, but the money represented by such notes did not go into or enhance the value of the hotel property; hence these
We do not rule that plaintiffs could not have shown that this note or some part of it was paid off after the former hearings in the circuit court, because that would be a matter not then presented. The Supreme Court spoke on the evidence and as of the date of the former trials in the circuit court. But plaintiffs are not making any such claim of subsequent payment. The $1000 credit now claimed arises out of the dealings had between the parties before these suits were commenced.
Even if the trial court was wrong in holding that the allowing of such credit was not open to inquiry on the evidence presented to it, we think that such evidence does not show that plaintiffs are entitled to any such credit. Defendant was the guardian of plaintiffs, they being minors, when he invested their money in this hotel. It seems that he did so without an order' of the probate court and took chances on their ratifying his action on their becoming of age. As their'
In our view of the case it is of no importance whether the learned trial judge regarded the judgment in defendant’s favor on this $1350 note against plaintiffs’ mother as being binding on these plaintiffs as to the amount due thereon or not. It is conceded that the amount due on such note exceeds what the prop
Case-law data current through December 31, 2025. Source: CourtListener bulk data.