144 Minn. 441 | Minn. | 1920
Plaintiffs are husband and wife. The husband, Martin V. Havel, was the record owner of the land in controversy in the action, consisting of 80 acres near the village of Montgomery in Le Sueur county, and for a time, prior to November, 1916, resided thereon with his wife, and it constituted the family homestead. 'Some time during the month stated they moved from the farm to the village, where the husband carried on his business as a dentist, and with his wife took up his residence in a hotel building therein which he also owned. In January, 1917, he sold and conveyed the farm property to one James Costello, a defendant in this action, and the deed of conveyance in which the wife joined was delivered over to the grantee, Costello, who soon thereafter caused it to be recorded in the office of the register of deeds. Thereafter, in February, 1917, Cos
The facts are not in substantial dispute.' Plaintiffs were cheated and defrauded by Costello who wrongfully recorded his deed, thus giving notice of record that he owned the land, when in fact he did not, the transaction not then having been completed. But defendant Fitzgerald was in no way involved therein; he was not a party to that transaction, nor advised of the fact that the fraud had been committed or the deed wrongs fully recorded. He accepted the record as he found it and is entitled to its protection, unless he failed to make proper inquiry to learn the facts before making the loan. The court found as a fact that, at the time of the negotiations with Costello, Fitzgerald learned that plaintiffs had resided upon the land prior to November, 1917, but moved therefrom on the sixteenth of the month, leaving some articles of personal property thereon, creating in the view of his attorney a situation making necessary an inquiry as to what their rights were. And before completing the loan, the attorney, acting for Fitzgerald, on February 16,
“Dr. Havel, Montgomery, Minn.
“Dear Sir:
I am examining the title to the Ey2 of the NW^, Section 20, Township 111, Range 23, Le'Sueur County, Minnesota, for a client of mine who is making a deal with James Costello, who is shown by the abstract of title to the property to be the owner thereof. It appears this land was conveyed by you to Mr. Costello some time early this year, and I have inquired from Mr. Costello as to who is in possession at this time of the land, and he informs me' that although you have moved off the farm, considerable of your personal property is still there. Under the law my client is chargeable with notice of the rights of a person in possession of the land, and although Mr. Costello informs me that you have no further claim to it, or interest in it, I feel it is our duty to make direct inquiry from you about the matter. -• I would therefore be greatly obliged if you will let me know if possible by letter mailed this afternoon, whether or not you now claim any right or interest in this land. I am enclosing herewith, a self addressed and stamped envelope, and wish to thank you in advance for such information as you may give me.”
The letter was received by Dr. Havel on the day of its date, and on the same day he wrote and mailed to the attorney the following letter in response :
“Yours just received. In reply wish to state that Mr. Costello got the deed to the 80 acres about a month ago. I have some hay and some firewood and potatoes in cellar on the place to take off by April 1st. I will have everything off long before the 1st of April.”
Upon the receipt of this letter by Fitzgerald’s attorney the loan to Costello was completed and the money paid over to him. The mortgage upon the land to secure the same was properly executed by Costello and wife and was duly recorded on February 20,1917. There is no claim that either Fitzgerald or .his attorney knew anything about the transaction as the result of which the land was conveyed to Costello. Both proceeded in the loan to Costello in entire good faith and in reliance upon the validity of the Costello title.
We do not see that Mrs. Havel occupies any better position. She had as against Fitzgerald no valid claim of title to the land or of any specific interest therein. Although she may have contributed some of the purchase price when the land was originally acquired, the title with her acquiescence had been vested in her husband, and he was of record the sole owner, and both joined in the conveyance to Costello. And, unless separate, inquiry as to her rights was necessary, she is equally estopped.
This disposes of the case and further elaboration or discussion is unnecessary. Order affirmed.