126 Iowa 535 | Iowa | 1905
On March 2, 1890, one Jobn Owens died intestate, seised of a farm of one hundred and sixty acres in Taylor county, Iowa. His widow, Electa Owens, and two minor daughters, Ethel E. and Della T., the plaintiff herein, were the only heirs and beneficiaries of his estate, each becoming entitled to a one-third part. On August 8, 1895, the widow was married to L. W. Brock, the defendant.. The plaintiff remained a member of 'the family until her marriage in January, 1903. At the date of the mother’s marriage with Brock, plaintiff was about twelve years of age, and arrived at her majority October 22, 1901. Eight days later she united with her mother in conveying their .respective interests in the land.to the defendant. In consideration of the conveyance by plaintiff, defendant made to her his promissory note for $1,000, due six years after date without interest. On September 30, 1902, defendant discounted and took up his note; the total amount paid to the plaintiff in discharge of said obligation being $694.53. The plaintiff now alleges that the said conveyance was obtained by artifice, fraud, and undue influence; that defendant took advantage of her youth and inexperience, and of her dependent situation as a member of the family, and by such means, and by misrepresentations as to the value of her interest in the land, induced her to part with it for a grossly inadequate consideration. She tenders a return of the money received by her, and asks to have the conveyance canceled, and that she have an accounting for the rents and profits received by the defendant.
The defendant denies all charges of fraud and wrong on his part, and alleges that plaintiff has ratified the conveyance, and cannot be heard to ask for its cancellation. The trial court found for the plaintiff upon the issues of fact. The decree entered permits the defendant to retain the title to the land, but requires him to account and pay therefor at its proved value. The value of the entire farm is placed at $8,000, one-third of which would be $2,666. But the court finds that the interest of the plaintiff, being undivided, is
Neither do we coincide in tbe view tbat if tbe land was worth $8,000 • — ■ and this is certainly a low estimate, under the testimony of tbe witnesses — tbe value of tbe interest of tbe plaintiff’s one-third should be estimated at anything less than one-third of tbat sum. While one witness, on being pressed by counsel, said tbat be thought tbe value of a fractional interest was less than a like fraction of the value of tbe whole, be offers no reason or explanation therefor; and, in our judgment, it does not afford sufficient ground on which to sustain the order of the court in this respect.
It follows that the decree of the district court must be affirmed on the defendant’s appeal, and reversed on the appeal of tbe plaintiff. At tbe election of the plaintiff, decree will be-entered in this court increasing the amount of her recovery from the defendant by the sum of $505.47, as of the date of the original decree. The costs of the appeal are taxed to the defendant.
Affirmed on defendant’s appeal. Reversed on plaintiff’s appeal