64 Ind. App. 624 | Ind. Ct. App. | 1916
On and prior to September 10, 1908, appellee was the owner in fee simple of thirty-eight acres of real estate in Lagrange county, Indiana, and on this date he executed a warranty deed therefor to appellant George W. Dunker, which conveyance forms the basis of the litigation in this cause. This is the second time this cause has reached the Appellate Court. Calahan v. Dunker (1912), 51 Ind. App. 436, 99 N. E. 1021.
In so far as appellants seek to present under the exceptions reserved as to the overruling of the motion for a new trial the insufficiency of the evidence to support the judgment of the court, and that the judgment is contrary to law; appellants’ brief discloses a good-faith effort to comply with the rules. The questions thus presented by the briefs will be considered on their merits.
There is no insistence on the part of appellee that the conclusions of law announced by the court upon the facts found' support in any manner the issue joined upon the second and third paragraphs of complaint, viz., that there was an agreement between.the parties that the deed of conveyance taken by appellant George
The fact that appellee intrusted appellant George W.. Dunker to the extent that he did to procure him a loan, together with the knowledge appellant had of appellee’s illiterate condition, amounted to a deception on the part of appellant in permitting appellee to execute a deed of conveyance under the circumstances. In regard to the taking of a conveyance from an illiterate and ignorant person without knowledge of the value of the property or of his rights, it was said in the case of Hyer v. Little (1870), 20 N. J. Eq. 443, 449: “In this situation, in dealing with this complaint, he was bound to observe strict good faith, not to deceive him by any act or representation of his own, or to allow him to deceive himself by any mistake as to facts, when he knew he was acting, under such mistake, and had it in his power to undeceive him.”
The facts found by the court warranted the conclusions of law announced thereon, that appellee was entitled to redeem from the lien of the mortgage on the payment of the amount found due at the date of the trial in the sum of $553.22, and entitled to have his title quieted to his real estate as against appellants, and upon their
The evidence amply supports the findings of the court on each material point, and the record presents no reason for which it may be claimed that the decision of the court is contrary to law. Therefore, there was no error in overruling appellants’ motion for a new trial.
A' correct result was reached in this cause. Judgment affirmed.
Note. — Reported in 113 N. E. 15. Fraud: whether a question of law or fact, 1 Ann. Cas. 446. Deeds of illiterate persons, validity, 13 Cyc 578.