101 Iowa 363 | Iowa | 1897
The basis of the reformation of the deed, as claimed, is a parol agreement between the parties, made during the negotiations for the Beyerle farm. If there was not such an understanding, there can be no reformation.. That there was talk on the subject of the easement being reserved to the plaintiff, both parties agree, but they are in dispute as to the result; the plaintiff saying that he asked for the easement, and that defendant agreed to it, while defendant says plaintiff asked for it, and he, in terms, refused it. In view of this situation, some undisputed facts bearing on the probabilities of the case may be important. The lane or road was never a public highway during Beyerle’s ownership of the land, in the sense that Beyerle could not any time close it against all persons except White’s Manual Labor Institute, which institute gave a part of the land under an agreement for a strip of land north of the lane, from Beyerle, and it is probably true that there was to be a joint use' of the lane. The agreement was made in . 1857, in writing, but it is not in the record, and the inference is that it is lost. Beyerle built a bridge on the. road, some three feet of which was on the land belonging to . the institute, and the lane was fenced, first by board fences, and, later, by hedges. The road seems to have been Cised by the institute, or the occupants of its land, but little, and that years ago. Beyerle used the lane about twenty-eight years, until he moved to Nebraska, which was some eight years before his testimony was
It remains for us to consider the evidence as to what was said between the parties pending the negotiations for the land. W e can do little more than note our conclusions. Seven witnesses testify as to the conversations: Plaintiff, his father, mother, and Mr. Clark, testify as to the agreement for the easement. Defendant and his two sons testify that, plaintiff’s proposition in that respect was refused, and that plaintiff assented to the negotiations with that understanding. The corroborating facts, after the sale, are stronger in favor of the defendant. The testimony of the tenant of plaintiff, who occupied a part of his land for three years after plaintiff got his deed, shows, though contradicted by plaintiff, that plaintiff did not claim a right to the land; that he (the tenant) broke the bridge in the lane, and, when he called plaintiff’s attention to it, he said he had nothing to do with the