аfter stating tbe case: Tbe objection chiefly urged for error is tbe refusal of tbe court below to charge tbe jury “That tbe evidence in tbe cаse does not tend to prove facts sufficient to constitute fraud and deceit, and tbe jury is instructed, upon tbe whole evidence, if they believe it, to find tbe first and second issues ‘No,’ ” but tbe objection, in our opinion, cannot be sustained. While it is well established that in an action to reform a written deed
the
proof must be clear, strong and convincing, our decisions are to tbe effect that when tbe testimony is sufficient to carry tbe case to tbe jury, as on an ordinary issue, tbe judge can only lay this down as a proper rule to guide tbe jury in their deliberations, and it is for them to determine whether in a given casе tbe testimony meets tbe requirements of this rule as to tbe degree of proof.
Lehew v. Hewett,
It is true that in an action of this character tbe false statements must be such that they are reasonably relied upon by tbe
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complaining party. It is also true that when an adult of sound mind and memory, and wbo can read and write, signs, or aсcepts a formal written contract, be is ordinarily bound by its terms.
Floars v. Ins. Co.,
Older eases have gone very far in upholding defenses resting upon this general principle, and, as pointed out in
May v. Loomis,
In Walsh v. Hall, one of the cases just cited, Dich, J., delivering the opinion of the Cоurt, said: “If the purchaser has received no covenants, and there is no fraud vitiating the transaction, he has no relief for defects or encumbrances against his-vendor, for it was his own folly to accept such a deed, when he had it in his power to protect himself by proper covenаnts. But in cases of positive fraud a different rule applies. The law presumes that men will act honestly in their business transactions, and the maxim of Vigilantibus non dormientibus jura subveniunt only requires persons to use reasonable diligence to guard against fraud — such diligence as prudent men usually exercise under similar circumstances. In contracts for the sale of land purchasers usually guard themselves against defects of title, quantity, encumbrances and disturbance of possession by рroper covenants; and if they do not use these reasonable precautions the law will not afford them a remedy for damages sustained, whiсh were the consequences of their own negligence and indiscretion. But the law does not require a prudent man to deal with every one as а rascal and demand covenants to guard *84 against the falsehood of every representation which may be made as to facts which constitute material inducements to a contract. There must be a reasonable reliance upon the integrity of men, or the transactions of businеss, trade and commerce could not be conducted with that facility and confidence which are essential to successful enterprise аnd the advancement of individual and national wealth and prosperity. The rules of law are founded on natural reason and justice, and are shаped by the wisdom of human experience, and upon subjects like the one which we are considering they are well defined and settled.”
In Griffin v. Lumber Co., supra, the Court held as follows: “3. Before signing a deed, the grantor should read it, or, if unable to do so, should require it to be read to him, -and his failure to do so, in the absencе of any fraud or false representation as to its contents, is negligence, for the result of which the law affords no redress; but when fraud or any devise is rеsorted to by the grantee which prevents the reading or having read the deed, the rule is different.” And like decision was made in May v. Loomis, supra.
Under these authorities, the judgе below correctly ruled that the questions at issue should be submitted to the jury, the evidence bringing the case clearly within the principle stated. Among othеr things, the defendant (the plaintiff in the issue) testified that he had bargained with the plaintiff Gray concerning the land, and had agreed to sell and convey to him all that portion of the tract of land which lay within the boundaries of the town of Oakley for $600 and a store account amounting to about $20; that some time after that, when the defendant and his wife were at the house of one Williams, some time between sundown and dark, plaintiff came to them with a deed аlready prepared, and a justice of the peace with him, and in conversation defendant told him he was only selling the land in town, and plaintiff reрlied the deed only covered the land in town; “said it was only a plain deed, like we had agreed upon. There was no reading done. Gray (the plаintiff) handed me the deed; I read the deed to where it mentioned E. R. Mizell’s corner, and I said to Gray, ‘You have his initials wrong,’ and he said, ‘It makes no difference; it is nothing but a plain deed; I am in a hurry to get back to the store; there is no-one there but Mr. Rogers.’ I handed the deed to Mr. Whichard. I had confidence in him. I thought he would tell me the truth, or I would not have signed it. Whichard was looking over the deed, and the plaintiff said the same thing to him — that he was in a hurry.” No one read thе deed to witness. He further testified that he did not know the deed embraced any land outside of the town, or he would not have signed the deed.
*85 Mrs. James, wife оf defendant, gave similar testimony as to wbat took place about reading tbe deed at tbe bouse, of tbe execution, and further tbat sbe bad agreed to sign a deed for tbe land witbin tbe town, and said so at tbe time,'and sbe would not bave agreed to tbe execution otherwise.
Mrs. Williams, sister of tbe dеfendant, testified tbat plaintiff Gray said it was not worth while to read tbe deed; tbat it was just a plain deed, containing what be bought.
Plaintiff further testified tbat, some time after executing tbe deed, be discovered tbat it was not restricted to tbe land witbin tbe town, but conveyed tbe entire tract to plaintiff, and same was worth $1,000 to $1,200. There was testimony on tbe part of plaintiff in denial of defendant’s claim; but, for tbe purpose of tbe exception, tbe evidence of defendant must be taken as true, and, as stated, presents a case for tbe consideration of tbe jury.
Tbe exceptions to tbe ruling of tbe courts in questions of evidence are without merit, and tbe judgment for defendant is affirmed.
No error.