183 So. 418 | Ala. | 1938
The appeal challenges the action of the trial court in overruling demurrer to the amended cross-bill.
The relief sought by the appellants M. B. Green and his wife, Daisy E. Green, grows out of a situation created wholly by M. B. Green. Green admits participating in a fraud upon the Federal Land Bank, and while confessing his fraudulent conduct, asks that the appellee be made to suffer a substantial financial injury which could only have come about through appellee's ignorance of the facts alleged in the bill; alleges that the notary public fraudulently certified that his then wife, Mittie Green, did in fact and in truth execute the mortgage which appeared to be entirely regular and properly acknowledged. The bill admits the death of the first Mrs. Green, and the answer shows that the notary has been dead for a number of years. If, in fact, the mortgage had not been signed and acknowledged, as certified by the notary, this fact was wilfully withheld for a period of some fifteen years.
Assuming that the proof will support the allegation as to the falsity of the notary's certificate, under no conditions can appellant M. B. Green benefit through this fraudulent certificate for the reason that he was a party thereto.
This Court, recently speaking through Justice Knight, in Fies Sons v. Lowery,
See also Estes v. Metropolitan Life Ins. Co.,
It is further declared that in a proper case a negligent act or guilty silence may work an estoppel as affectively as an express representation. Irvin v. Irvin,
We find no error in overruling demurrers to the cross bill, and the decree of the trial court is affirmed.
Affirmed.
ANDERSON, C. J., and BROWN and KNIGHT, JJ., concur. *434