65 Iowa 709 | Iowa | 1885
The plaintiff became the owner of the land in question through the foreclosure of a mortgage. The defendants, T. B. Perry and J. S. Townsend, doing business under the firm name of Perry & Townsend, acted as attorneys for the plaintiff in the foreclosure. For their services in sueh foreclosure they were paid in full. This appears to have been in 1878. In October of the year previous it appears that the premises had been sold for taxes, the sale being the one now in question. Whether the defendants, as faithful attorneys, should have discovered this fact, and notified the plaintiff before foreclosure, in order that it might redeem, we need
We do not, indeed, understand the defendants in their argument as seriously denying that Townsend purchased the certificate in trust for the plaintiff. They had, previously to the commencement of the action, written a letter in which they seemed tó recognize their trusteeship, and in their argument, referring to the letter, they say: “ We acknowledge ourselves as holding the tax certificate in trust for the plaintiff' when we wrote the letter.” The fact of the trusteeship existing at the time of the purchase.and afterwards we may regard as settled.
The real ground upon which the defendants place their defense is what they call the bad conduct of the plaintiff in delaying to reimburse them. That we may not do them injustice, we will state their position in their own words. They say in their argument: “ We fully informed the plaintiff. What was its duty, then? It was to respond by yea or nay within a reasonable time. We had stated in our letter what time we would give the plaintiff This was ample time within which the plaintiff could have responded, letting us know what it would do. It remained silent.” If we should
In the case at bar, the defendants rendered no statement of any kind to their principal. They did, it is true, render a statement to one Pierson, in Chicago, under the supposition that he was acting for the plaintiff as its agent, and it seems not improbable (although there is really no proper evidence showing it) that he was an agent of some kind. Put if we should concede that he was, we should still be without any proper evidence as to what his powers were; and unless he was charged with some duty in relation to the redemption of the plaintiff’s land from taxes, a report to him would not be a report to the principal. A report by one agent to another agent is not necessarily a report to the principal. If the defendants desired reimbursement, and could not find an agent who they knew was clothed with power to act in the premises, they should have reported to the home office. The plaintiff itself was at all times within easy communication. The scattered interests of a life insurance company loaning money over the country, as this company appears to have been, are such that, if its agents or attorneys are guilty of any negligence, some of its interests may easily be overlooked by its officers and lost sight of. It has a right to expect that its agents will be diligent in reporting, and not content themselves with reporting to some one of whose powers they have
We think that the tax deed must be set aside. The case, however, does not seem to be in a proper condition to justify the entry of a decree in this court. Taxes have probably been paid, and rents have probably accrued and been paid, during the progress of litigation. There may be some other matters which should be taken into account. The case must therefore be remanded for an accounting.
Reversed.