71 Iowa 428 | Iowa | 1887
Plaintiff is the father, and defendant the widow, of John Herron, who died intestate and without issue in April, 1882. At the time of his death, the said John Herron held the title to the real estate in question. Some months after his death, plaintiff’, who lived in Ireland, executed a power of attorney, by which he appointed Michael Herron, his son, who also lived in Ireland, his attorney in fact, and empowered him to collect and receive for him any property or interest which had accrued to him, under the laws of Iowa, in the estate of deceased, and to dispose of and give conveyance of the same. Michael came to this country, and entered into a negotiation with defendant, which resulted in the sale to her of his father’s interest in all of the real estate of which John died seized, for the consideration of $1,500, which was paid at the time, and executed to her the conveyance which plaintiff seeks in this action to have canceled and set aside. The allegations of fraud in the petition, which are relied on, are that defendant concealed from- Michael the true condition of the estate, and the amount of property of which her husband had died' seized, and falsely -represented that the value of the property did not exceed $3,000, whereas its value was much greater than that, and procured relations and acquaintances of his residing in the vicinity, on whom he had a right to rely for information, to make the same false representations, and that he, being a stranger in the country, and ignorant of its laws and usages, and of the value of the property in the country, relied on the state
If plaintiff’s- attorney was deceived -or misled by the information communicated to him, it was because he chose to accept the naked statement of the one lie was dealing with, rather than seek reliable information from the sources pointed out to him, where it could have been obtained. It is the province of courts of equity to afford relief to those who have been overreached by the artifice or cunning or deceit of others; but where one voluntarily refuses to resort to the sources of information to which he is referred, but chooses rather to accept the statements of the person with whom he is dealing, as to matters material to the trade, he should be held to have acted on his own judgment, and no relief should
The judgment of the circuit court is right, and it will be
Affirmed.