46 Iowa 103 | Iowa | 1877
An January, 1861 or 1862, Jacob Beedle died, leaving surviving him a widow who has since that time become insane, and the plaintiff is her guardian. One Stewart had been her guardian, but he having died pending this action the plaintiff was appointed in his stead. Said Beedle also left surviving him several children. He made a will, but the widow
It seems to be conceded by counsel, that Templeton only obtained such title as Mrs. Eeedle had, and that it only consisted of a life estate. We are satisfied from the evidence that both Templeton and the then guardian of Mrs. Eeedle supposed the former was obtaining a fee simple title. We are also satisfied that said guardian stated to Templeton and others previous to the sale that the title was good, and that he told Templeton on the day of the sale that he should have a good title, meaning thereby, without doubt, an absolute or fee simple estate. We at the same time are satisfied that such guardian supposed he could make such a title, and do not believe he intended to commit any fraud whatever, but that he was acting in the utmost good faith throughout the entire transaction. Such being the facts, we are of the opinion the
While it may be true equity will relieve a party from a contract obtained by means of false representations made innocently or under the belief the same were true, still we dó not think this case comes within the rule. The representations must be as to matters on which the party has a right to rely, and it must appear that they were relied on. Such representations may be as to the character, situation, extent, or possibly as to the value, when the land is at a distance and no opportunity is given to examine the same. Such we understand to have been shown in Wilcox v. The Iowa Wesleyan University, 32 Iowa, 367.
Counsel for appellee have cited several cases as bearing on this question, but it is sufficient to say that an examination of them all fails to disclose any such state of facts as is apparent here. In all of said cases, the false representation was as to some other material matter than as to the state or condition of the title, unless Bacon v. Bronson, 7 Johns. Ch., 194, is such case. The representations in that case, however, were so materially different, and so were the circumstances under which they were made, from those in the present case, that the rule therein established is not applicable. Templeton entered into possession under the conveyance and was not disturbed therein during his life, ñor have those claiming under him been so disturbed since his death. By the conveyance he got whatever title Mrs. Beedle had. It cannot, therefore,
The decree of the Circuit Court will be reversed and the cause remanded, with directions to dismiss the equitable defense on the merits and render judgment for plaintiff' for the amount of the note.
Reversed.