44 Ind. App. 275 | Ind. Ct. App. | 1909
Appellant instituted this suit against appellees to quiet title to 400 acres of land in Warren county, averring that his ward was the owner of said lands. To this complaint, appellee Oakley Bright filed an answer and a cross-complaint, to which cross-complaint Fannie Agnes Bright was made a party and was duly served. Her minority being suggested to the court, a guardian ad litem was appointed who appeared for her, and filed an answer in general denial. By his cross-complaint said appellee asserted title to the undivided one-half of said lands by virtue of the deed executed by him and his wife, Nancy Luella Bright, who was the mother of Fannie Agnes Bright.
The substantial averments of the cross-complaint are set out in the special findings of the court made at the request of the parties, and it is unnecessary to set them out here. The special findings show that Oakley Bright and Nancy
‘ ‘ This indenture witnesseth that Nancy Luella Bright (the wife of the grantee herein, Oakley Bright, and the mother of the grantee, Fannie Agnes Bright) and her husband, Oakley Bright, of Benton county, in the State of Indiana, convey and warrant to Oakley Bright and Fannie Agnes Bright, and to the survivors of them, of Benton county, in the State of Indiana, for the sum of $20,000, the following described real estate.”
That said scrivener advised said Nancy that said deed would be good and sufficient to vest a fee-simple title in said real estate in said Oakley and their said child as joint tenants; that said deed was duly signed by said Nancy and her said husband, and duly acknowledged and delivered; that the sole purpose and intent of said Nancy and said Oakley in the making, acknowledging and delivering of said instrument was to convey and warrant to said Oakley and to said Fannie, each, the interests aforesaid; that, at the time of the execution of said instrument, said Nancy was of sound mind and under no undue influence or restraint, but she was wholly unfamiliar with the facts necessary to constitute a conveyance; that she did not know and was not advised that the intervention of a trustee was necessary, or that any particular form should be complied with to convey her land to her said husband and said child; that said husband and said child did not possess the knowledge necessary to enable them, with the aid of a scriveher, so to proceed as to avail themselves of the conveyance to them of the real estate so agreed to be conveyed to them by said Nancy; that said instrument was executed, delivered and received by all the parties thereto in good faith, in the honest belief then entertained by all of them that said deed was good and sufficient to effectuate the purpose to convey and warrant to said Oakley and said Fannie the interest in said lands according to its purport, us ¡aforesaid; that at the time said agreement was entered
Upon the finding of facts the court stated as a conclusion of law that Fannie Agnes Bright is seized of the legal title to said real estate as trustee, and holds said legal title for the joint benefit and use of herself and said Oakley Bright, each of whom is the owner in fee simple of an undivided one-half thereof as joint tenants. To this conclusion exception was duly taken. There are other conclusions stated but it is unnecessary to set them out.
It is also clear that the conveyancer undertook, in good faith, to comply with their desires. The mistake then was common to all. It is a rule of law that equity will relieve from a mutual mistake of fact, of mixed law and fact, and sometimes of law. 1 Perry, Trusts (5th ed.), §§168, 184-186;
In Parish v. Camplin, supra, the court say: “There are exceptions to the rule that denies relief in equity from a mistake of law. If this was a mistake of law, a mistake as to the legal effect of the deed, it was such an one as was common to all the parties affected. ‘It has been said that whenever a mistake of law is common to all the parties, where they all act under the same misapprehension of the law, and make substantially the same mistake concerning it, this is a sufficient ground, without any other incidents, for the interposition of equity,’ 2 Pomeroy, Eq. Jurisp. (2d ed.), §846.”
exerted to obtain an advantage at the expense of another in a less fortunate position, the person availing himself of his position for such purposes will not be permitted to retain an advantage thereby secured. The principle extends to every case in which a fiduciary relation exists, as a fact; confidence being reposed on the one side and accepted on the other. The fiduciary relation, with its corresponding duties, does not need to be a legal one; it may be moral, social, domestic or personal. Huffman v. Huffman (1905), 35 Ind. App. 643; M’Cormick v. Malin (1841), 5 Blackf. 509; French v.
In such eases the rule that fraud will not be presumed is reversed. The principle is well stated in Farmer v. Farmer, supra, as follows: “ ‘It may be stated as universally true that fraud vitiates all contracts, but as a general thing it is not to be presumed, but must be proved. Whenever, however, the relations between the contracting parties appear to be of such a character as to render it certain that they do not deal on terms of equality, but that either on the one side, from superior knowledge of the matter derived from a fiduciary relation, or from overmastering influence, or, on the other, from weakness, dependence or trust justifiably reposed, unfair advantage in a transaction is rendered probable, then the burden is shifted, the transaction is presumed void, and it is incumbent on the stronger party to show affirmatively that no deception was practiced, no undue influence was used, and that all was fair, open, voluntary and well understood.’ [Cowee v. Cornell (1878), 75 N. Y. 91.] ” See, also, 1 Perry, Trusts (5th ed.), §§194-204.
The restrictions laid upon courts of equity in transactions of this character are even more forcibly declared in the case of Farmer v. Farmer, supra, in the following language: “The confidence of the marriage relation is so complete, and the trust of the wife in the honor, good faith and love of her husband is generally so perfect, that in all business affairs she depends upon him, and suffers herself to be controlled by his judgment. Unless, therefore, the court, in the language of Lord Eldon, watches transactions between parties thus situated, where fraud may be committed with such facility and its discovery may be so easily baffled, with a jealousy almost invincible, it will oftener lend its assistance to fraud than punish the fraud-doer.”
These and many other questions suggest themselves in the consideration of this transaction, and all of which appellee Oakley Bright must answer to the full satisfaction of a court of equity. This he has failed to do, as shown by the findings. It is true that the findings show that the wife acted from no undue restraint in making the conveyance, except as she was constrained by her affection for her husband and child, This falls far short of what is required of said appellee to rebut the presumptions against him. The findings show that the grantor was ignorant of the force and effect of conveyancing, and the means whereby it could be accomplished. In the absence of a finding of facts rebutting the presumption of fraud, as before stated, the finding is insufficient to support the conclusion of law.
Judgment reversed, with instructions to grant a new trial, with leave to amend the pleadings.