59 Iowa 22 | Iowa | 1882
I. The petition alleges that defendant, for the purpose of defrauding plaintiff, represented to him that defendant was the absolute owner, under a good and perfect title, of the land involved in this suit; that plaintiff, relying upon defendant’s representations, as to his title to the land, entered into a contract with defendant for its purchase, and in pursuance thereof and in payment for the land, conveyed to defendant a lot in the city of Marshalltown and paid him $200.00 in money, and received from defendant a quit-claim deed for the land, and that defendant had no right, title or
The answer of defendant denies the averments of the petition as to the alleged representations made by defendant regarding the title, and charges that plaintiff made examina*tions into the title and had full opportunity to protect himself against the alleged fraud of defendant, and relied upon his own judgment and knowledge in making the purchase. The defendant further alleges that prior to and at the time of the sale of the land he informed the defendant that his title to the land was based upon a sheriff’s deed and that he would execute therefor a conveyance of no other character than a quit-claim deed.
II. The evidence we think supports the allegations of plaintiff’s petition. It is satisfactorily shown that defendant represented to the agent through whom the sale was made that the title of the land was good, and also stated that he had or did have an abstract so showing. The representations in regard to the title were repeated to plaintiff by the agent, but it does not appear that the agent informed plaintiff that defendant claimed to have an abstract of title. The plaiutiff made no examination of the title and we are well satisfied by the evidence that he relied upon defendant’s representations that the title was good, and was influenced thereby to make the purchase.
The testimony clearly shows that defendant’s title to the land was not good; that lie claimed under a sheriff’s deed executed upon a sale under a foreclosure of a mortgage. The title to a large interest in the land was in minor heirs who did not join in the execution of the mortgage, and their interest was in no manner and to no extent bound'by it. Besides the land was covered by a prior mortgage, executed by th<?
The evidence very clearly shows that defendant had full knowledge of the defects in the title under which he claimed, and was well advised that at most he could hold but a part of the land.
If in this case the deed executed by defendant had contained covenants of warranty, plaintiff could maintain .the action. This is a familiar rule of the law and we do not understand counsel for defendant denies it. See 1 Hilliard on Vendors, p. 333; Cooley on Torts, p. 503. The reasons in suppox-t of a right of action to recover for fraudulent representatioxxs as to title, when' a conveyance is made by quit-claim deed, appear to be stronger than exist in the case of a deed of warranty exeexxted under like circumstances. In the last case the defx'auded party has a x’emedy upon the covenants of the deed; ixx the first he is without a'remedy unless an action for fraixd may be maintained. It would be a reproach to the law to hold that a vendor who, by fraudulent representations, has
The decree of the District Court must be
Affirmed.