38 Iowa 578 | Iowa | 1874
Now in this case no fraud, accident or mistake is shown. No fact is averred showing that the conveyance was not made as a provision for the wife. On the contrary it is distinctly stated that the conveyance was so intended, upon the supposition that she would survive the plaintiff.
The relief is not based upon any misapjarehension of any condition existing when the conveyance was made. It is demanded simply because the death of the wife preceded that of the husband, whereas it was expected she would survive
. Courts of equity cannot annul contracts for such reasons. So feeble is human judgment, and so great is the mutability of human affairs, that, did courts of equity lay violent hands upon agreements on such grounds, but few would be permitted to stand. In the absence of fraud, accident or mistake, equity leaves parties to-make their own contracts, and permits their enforcement as made. It is not its ■ province, to make for parties such contracts, as the unfolding of events shows they should have made. The demurrer was rightly sustained.
Affirmed.