88 Mo. 24 | Mo. | 1885
This is a proceeding in equity, the nature ■and object of which is to set aside and hold for naught a deed to a certain ten acre tract of land, executed to the defendant, Isaac Shaffner, by the other defendants, who are the heirs of John Shirley, deceased, as well as the title of said heirs, and to vest the title thereto in plaintiff. Shirley was the owner of a large body of land in
The evidence is, we think, reasonably certain, indeed, clear, and beyond question, that the ten acre tract was intended to be conveyed, but was omitted, by mistake, from the Shirley deed of other lands to Clayton, and that Shaffner had notice and knowledge that the ten acre tract was so intended to be included in Shirley’s deed of other lands to Clayton, as was charged in the petition. Said Shaffner was present when the trade was made and deeds delivered, and acted as one of the appraisers, appraising and including the ten acres with the rest of Shirley’s land, and fixing a price therefor on all of it. Some four or five witnesses, also present, say positively that Shirley said that he was selling all his lands to Clayton, except one piece in St. Clair county. And in the-evidence of S.haffner there are but two statements in this-behalf, one of which is that he does not- know why the ten acre tract in dispute was left out of the deed, and the other is that the first he knew it was not in the deed today ton, was when Blackford told him two or - three years after Shirley’s death. And it is plain, we think, that he had always supposed that it was conveyed by-Shirley to Clayton, and was surprised to find out several years after that it was not. The defendant, Shaffner,. became the administrator of the estate of' said Shirley. He learned, through Dauwalter, of the trade, and terms thereof, between Mm and Clayton, and of the result of the examination made by Blackford as to the condition of the title, and then learned, for the first time, that the-
It will be observed that the controversy and effort to reform the contract and deed, in respect to the sale of said lands, is not between the vendor and vendee, the original parties thereto. • The plaintiff, Hagman, claims in virtue of an equitable right of Win. Clayton, the ■original vendee, and derivable through one Dauwalter, to whom said Clayton conveyed. The defendant, Shaifner, ■claims the title through conveyances from the heirs of J. M. Shirley, who is the original vendor. In general, it maybe said that where reformation and specific performance of deeds and contracts respecting the sale of lands will be decreed by a court of equity between the original parties, similar relief, will, in the absence of other intervening and controlling equities, be given in actions
In this action the evidence is, that Clayton never paid, or offered to pay, the said notes, though long overdue, or to satisfy the judgment obtained thereon, and there is no payment or tender thereof of any part thereof to the amount of the agreed price of the ten acre tract, ■or otherwise on the part of the plaintiff at the trial, nor is there any offer to satisfy in part or pro tanto said judgment on part of plaintiff. Freeman on Judgments, sec. 516. In the land trades and purchases involved, the parties had no dealings directly between themselves. Neither of them has been induced to act or change his position in respect to said title by the other. They have both fully understood the situation before making their ■outlays, which are but little more than nominal, in their race for the land. And, generally, it requires less strength of proof on the part of the defendant to resist successfully any application for such relief than is necessary for the plaintiff to have in order to maintain his bill. In •cases of this sort the practice of courts of equity is to leave the parties, such as these, where it finds them, and to withhold all such relief, unless the facts, equities and justice of the case clearly demand it.
Under the pleadings and evidence, no such demand exists, and we are of opinion that the chancellor manifestly did right in dismissing the bill for want of equity, and for that reason the judgment of the trial court is affirmed.