166 Iowa 715 | Iowa | 1914
— -Elias Fogelsong, who was a widower at the time of his death, died intestate July 8, 1911. At the time of his death, and for several years prior thereto, he had made his
It seems to have been the plan to settle the estate without
To a proper understanding of some of the questions raised, we will set out the substance of the two claims filed by appellant B. J. Hall and his wife. These claims were both filed October 7, 1911. The claim of B. J. Hall is for nursing, rooming, boarding, and earing for the above-named deceased from May 10, 1905, to July 8, 1911, $300, and Mrs. Hall’s
The trial court found by its decree, among other things, that the defendants the heirs of Elias Fogelsong, by their agent, Syphers, represented to the defendant Belle Workman that the property in question was the homestead of decedent at the time of his death, and not liable for the payment of any indebtedness against his estate; that she relied on such representations and purchased the property from the said heirs through their said agent and paid the full amount of the purchase money; that the property was not a homestead; that the claims filed are those of B. J. Hall and his wife, and two other claims amounting to $195; that there is no personal property out of which said claims can be paid; that B. J. Hall was the agent and representative of his wife in the matter, and that said B. J. Hall nor May Hall, at the time of the sale to Belle Workman, intended to file any other or further claim against said estate than the claim of said B. J. Hall as left with said Syphers, and that no other or further claim on behalf of said B. J. Hall or May Hall would have been filed had said claim so left with Syphers been paid; that the claimants, B. J. Hall and May Hall, are estopped from now making any claim against said property, and are estopped from having said property sold for the payment of either of their claims, and estopped from having payment of either of their said claims made out of the said property or the proceeds of the sale thereof (by the administrator). The administrator was authorized and empowered to sell the real estate for the payment of the two claims other than those of the Halls, and other claims which might be established against the estate, if any.
There is no serious conflict in the evidence as to the main
Mrs. Miller was the only one of the children of deceased that came back to the funeral. After we buried him she asked me if I would go around and find out the claims that were against him, and I took her wherever I thought there was any claims against him, and after we got through she went up to my hou^e for dinner. I knew a deed had been prepared and sent to the heirs to sign. She [Mrs. Workman] had not paid anything on it to my knowledge. I don’t know when the deed got back. That afternoon when Mrs. Miller said we would go down to Syphers’ office, and I gave Syphers my claim, she said he would fix the business. I expected Syphers to collect the claim'because he said he had sold the property to Mrs. Workman, and I expected the money would be paid to him and he would collect it.' I was away after that, and when I came back I learned that Tom Fogelsong had been there and collected the money and gone, and I supposed my claim had been paid, and I went up to see Syphers and asked him if he had collected it, and he said, ‘No.’ I said: ‘Why didn’t you? I gave you the claim to collect.’ He said he told Tom, Fogelsong he had some claims there to. collect, and Tom said: ‘ Yes, I know it. I am going to pay them. ’ Syphers said all the claim he kicked on was the doctor’s bill, and said ‘I will be here to-morrow. You tell the boys I am going to settle with all of them.’ I guess he got a rig and drove to Pulaski. I never saw him. As soon as I learned that my claim had not .been paid I sent for my brother and he came down and filed this application. The property was left in Mr. Syphers’ hands to sell, and I asked him if he wouldn’t collect my bill, and he said he would. I knew he was going to sell the property. I supposed it was to Mrs. Workman. I never said anything to her about having a lien on the property. I expected to get my money from Mr. Syphers. If they had paid my claim of $300 there would not have been any claim filed by my wife.
There is a conflict in the (evidence as to whether Mr. Hall suggested to Syphers that he get a contract from Mrs. Workman for the sale to her of the property. As to this, he says:
*721 It was soon after Fogelsong’s death that Syphers said they could sell the property to Mrs. Workman. He did not tell me that she had signed a contract. I don’t know anything about the contract. I did not suggest to Syphers to get a contract from Mrs. Workman. I don’t remember of being in the office when Minnie (Miller) suggested it.
But Syphers testifies in regard to this:
I did not have a written contract with Mrs. Workman until after Mr. Fogelsong died. I then got the instrument up and signed by Mrs. Workman, and I think by Mrs. Miller. This contract was made at the suggestion of Minnie and B. J. Hall, if I remember right. The contract was taken directly after Mr. Fogelsong died. At the time Minnie Miller and Mr. Hall came into my office directly after the old man’s death we talked the matter over, and Mr. Hall, I think, was present, and Mrs. Workman was there and wanted to buy the property for the price of $800, and Mr. Hall was present. . . . If I remember right, Ben Hall came here with Minnie Miller and urged that I get up a contract and some money. It runs in my head that Minnie urged it. I got up a contract.
It is not very material whether Mr. Hall suggested or urged that a contract be made with Mrs. Workman. He did know the property was about to be sold to her; that she was
The fact that an agent employed to sell land advances the price to the purchaser does not make him the purchaser’s agent. Goodson v. Embleton, 106 Mo. App. 77 (80 S. W. 22); Lawson v. Thompson, 10 Utah, 462 (37 Pac. 732).
Under the circumstances shown in this case, it is clear -that it would be inequitable to now permit Hall to claim a lien and require that the property be again sold by the adminis-
As to the question of estoppel, many cases are cited in the briefs, but a citation of a few will be sufficient. The case is not like Near v. Green, 113 Iowa, 647, where one making a statement did not know that another person had any interest in the property, or that she intended or was likely to act upon what he said, and where it was held that under such circumstances there was no estoppel.
Nor is it like Kirchmam v. Standard Coal Co., 112 Iowa, 668, where it was held that it is well understood that one who knows, or has reasonable ground to believe, that another is about to act in reliance upon his statement with reference to his rights, or on his omission to assert his rights, is estopped from setting up any claim inconsistent with that which the latter has thus been led to believe was the truth. But it was there said that the cases do not go so far as to hold that a mere random statement, made without any fraudulent intent, to one who, so far as the speaker has any reason to know, is without present or prospective interest in the matter referred to, will estop the speaker from afterwards asserting any rights which he may have had, even though inconsistent with the statement. Such was the situation in that case.
Where a party knowingly, though it be done passively by looking on, suffers another to purchase land under an erroneous opinion of title, without making known his own claim, he will not afterwards be permitted to exercise his legal rights against such person. McPherson v. Berry, 92 Iowa, 64; Morgan v. Railway, 96 U. S. 716 (24 L. Ed. 743); Kirk v. Hamilton, 102 U. S. 68 (26 L. Ed. 79).
A party who has taken one position by which he expects to be benefited is estopped from repudiating that and taking another inconsistent position to the prejudice of another. Daniels v. Tearney, 102 U. S. 415 (26 L. Ed. 187).
Plaintiff’s homestead was sold upon the foreclosure of a mortgage, without legal notice to him of the suit. The mort
One who stands by and encourages a stranger to purchase property offered for sale under foreclosure of a chattel mortgage cannot afterwards be heard to claim as against such stranger that he had at the time of such sale a paramount claim on the property purchased. Miles v. Left, 60 Iowa, 168. See, also, Livingston v. Stevens, 122 Iowa, 62.
Where a landlord having a lien for the rent of farm lands upon crops grown upon the premises permitted the crops to be harvested and carried to market and there sold to a purchaser, without notice of his lien, in reliance upon the tenant paying him the rent out of the proceeds, held that the landlord was estopped from asserting any claim to the crop sold as against such purchaser. Wright v. Dickey Co., 83 Iowa, 464.
One who by his conduct has permitted another to act, to the latter’s disadvantage, will not.afterwards be permitted to change his position. Wright v. Lieth, 146 Iowa, 290.
A fraudulent intention is not essential to the doctrine of estoppel. It is enough if a fraudulent effect would follow allowing a party to set up á claim inconsistent with his
II. It is said by appellant that it does not appear from the evidence that Mrs. Workman relied upon the representations of Syphers and the Fogelsong heirs and the silence of
In Williams v. Wells, 62 Iowa, 740, 749, it was said that ' the law will presume that defendant would not have accepted a title incumbered with a possible dower interest.
We think it should be held that Mrs. Workman relied upon the failure of Mr. Hall to assert his claim.
III. Appellant contends that the court erred in its finding that Mr. Hall was the agent for his wife, and claims that there is no estoppel shown as to her and her claim of $200.
As soon as I learned that my claim had not been paid, I sent for my brother [a lawyer] and he came down and filed this application.
This refers to the present case, which was, in the first place, an application by the administrator to sell the property to pay debts. The dates to be mentioned are material. The petition for the appointment of an administrator was verified October 4, 1911, and filed October 7, 1911. The claims of Mr. and Mrs. Hall were both filed on the same date, October 7, 1911; the petition by the administrator to sell the property was verified October 9, and filed October 10,1911. We do not find that the date of the allowance of these claims is shown in the record.
There is not a word of evidence in the record that Mrs. Hall ever did anything in regard to her claim or its enforcement by the sale of the property. In so far as there is any showing in this matter, it was all done by Mr. Hall as to both claims. Another circumstance bearing on this matter is the fact, before referred to, that Mrs. Miller asked Mr. Hall about the claims against her father’s estate, and he took her to all those he thought would have claims, and that Mrs. Miller went to his home for dinner. He testified, further, that, ‘ ‘ There was nothing said about my wife’s claim at that time.” It does not appear that Mrs. Hall was at home at this time, nor does it appear that she was absent. She had been keeping house for her husband recently before, for her claim against the estate of deceased shows she had been doing work such as cooking and the like. Unless Mr. Hall expected Mrs. Miller, his guest, to get the dinner, or unless he expected to get it for
There may be other circumstances bearing on this matter, but we think those given sufficient. The court did not err in holding that Mr. Hall was agent for his wife, and that she, as well as he, is estopped from now claiming a lien on the property in question. We are of opinion that the decree of the district court was right, and it is therefore — Affirmed.