130 Iowa 113 | Iowa | 1906
Prior to the execution of the deed which is sought to be reformed, plaintiff, the widow of Wm. H. Mores, deceased, was the owner of various pieces of property in the city of Waverly, including what is known as “ Lot 2,” the property which it is claimed was included in the deed which she seeks to have reformed for mutual mistake. Mitchell and Mattison were by plaintiff appointed agents for the sale of her property as-well as some other matters. They were, it is claimed, instructed not to sell that part of lot 2 upon which the barn stood, as she desired to retain it as a.part of her homestead, which was adjacent thereto'. Defendants Knight and Levy were partners in the manufacture of brick, and desiring a new location they opened negotiations with plaintiff’s agent looking to the purchase of a new site for their works. These were first conducted with defendant Levy, who went upon the property, and plaintiff’s agent pointed out the property which she desired
It is claimed by plaintiff that her agents who conducted the negotiations and who drew the deed did not know that the barn was upon and the strip to be reserved was a part of lot 2; but supposing that it was not a part thereof, they described the property in the deed to defendant as lot 2, which covered the barn and the property in dispute. This action is to correct the deed, so that it will not cover the barn or the strip of ground intended to be reserved. There is some dispute, regarding the authority plaintiff conferred upon her agents, and with reference to most of the material matters in controversy.
Defendants contend that the purchase of the property was made by Knight, that I¡Syrt abandoned all his negotiations therefor, and that thereafter' Knight sold, an interest in the property to Levy, who had no knowledge of the claimed mistake in the deed. They also contend that Knight had no knowledge of any reservations; that he purchased the whole of lot 2, and that as to him there was no mistake. They also claim that plaintiff was negligent in signing the deed; that she was fully informed as to its contents, and knew that it covered lot 2 when she signed it.
With these rules in mind we now go to the record for the facts. Plaintiffs homestead laid immediately south of her barn, which barn, as we have said, was upon lot 2. East of her homestead is what is known as Court street, and west of it Harmon street, -both terminating at the south, line of lot 2; that is to say they run no farther north than the south line of lot 2. South of the homestead is an alley. The strip upon which the barn is situated, and which it is claimed was erroneously included in the deed is .90 chains deep north and south and 3.90 chains long on the north line, and 5.69 chains on the south. At the time in question the' north line was marked by a fence. This strip did not extend entirely over Harmon street, but did seem to cover the north end of Court street. There was no fence between the homestead and this strip of ground, at the time material to our inquiry, and the bam when occupied at all was used in common with the homestead. Plaintiff says that she directed her agents to sell only that part of lot 2 north of the fence above described; that she did not know the lines of lot 2, but told them to-sell only that part of the property lying north of the barn; that when the deed was presented to her for signature she did not know that it included the strip in question — the deed on its face including all of lot 2 — and that she did not intend to convey it; that she relied upon her agents making the deed so as- to cover only the property she had intended to convey; and that she was informed of the mistake only a few weeks before she brought her suit.
The record leaves no doubt in our- minds that neither plaintiff nor her agents intended to convey the strip of land in dispute; and that so far as these parties are concerned, the inclusion thereof in the deed was by mistake and oversight. There is also no doubt that had Levy bought the
Some time after the sale, one of plaintiff’s agents went to defendant Knight wanting to buy a piece of the property so as to get the barn off, saying that they were not familiar
The trial court should, in our opinion, have reformed the deed as prayed, and the cause will be reversed and remanded for a decree in harmony with 'this opinion.
Reversed and remanded.