89 W. Va. 15 | W. Va. | 1921
J. T. Crouse conveyed 79% acres of land in Payette County to his wife in March 1898, and on November 2, 1898 she died intestate, leaving five infant children, the youngest of which, Jessie, then of very tender years, and who afterwards married Roberts, is the plaintiff in this case. Crouse qualified as guardian for his children, and in 1901 E. B. Hawkins, who was buying, or taking options on, coal lands in that vicinity, offered him $20.00 per acre for the coal and minerals under the 79% acre tract. Crouse, as guardian, filed a petition in the circuit court, asking for the sale of the coal and mineral and made the five children, his wards, the only parties defendant thereto, alleging the death of his wife, intestate, her ownership of the land, the names and ages of the infants, his appointment and qualification as guardian, the offer by Hawkins to purchase the coal and other mineral at $20.00 per acre; that the offer was a fair and adequate price, equal with and in some cases more that the sale price of adjacent coal lands; and alleging that the sale of the interests of the infants therein would promote their material welfare; and that the rights of no one other than petitioner and his wards would be affected by a sale. The petition prayed for a sale of the entire interests of the infants in the coal and other minerals. Notice was duly served on each of the infants and to the effect that the petition would be filed at a special term of the court “asking for a sale of the coal and mineral under the tract of land of which Sarah J. Crouse died seized, and the title to which was acquired by you as heirs-at-law of your mother.” Regular proceedings were had on the petition and witnesses were examined from which the court determined that the welfare of the infants would be promoted by a sale of their interests in the coal and other minerals, and that the Hawkins offer of $20.00 per acre was a fair and adequate price for the coal and minerals; and decreed the sale of the entire interests of the infants therein, and that the said coal and mineral be sold at that price or at a greater price if obtainable by the guardian either at public or private sale. The guardian reported that he “sold the coal and other minerals
Similar proceeding was had in 1902 for a sale of the surface of said tract, except 13.2 acres around the Crouse residence, in which the petition states that an offer has been made by the Stuart Colliery Company at $75.00 an acre cash, a price in excess of the value. The court, upon hearing, ascertained that it would promote the welfare of the infants to sell their interests in the surface, and that the offer of $75.00 cash was a fair and adequate price, and would be a fair and adequate one for the infant defendants, and decreed that the surface be sold at that price. The guardian reported that he sold the surface, excepting 13.2 acres, at the price of $75.00 to the Colliery Company, and advised confirmation, stating that the price was more than he had ever hoped to realize for his wards for same. The court confirmed the sale and directed a special commissioner to convey the entire surface (excepting 13.2 acres) to the purchaser.
In 1908 another petition was filed by the guardian asking for sale of .81 acres surface, part of the 13.2 acres remaining, to Smiley at the price of $500.00, in which it is alleged that the children own the same, each having a one-fifth interest therein (one child having at that time become of age) and that no other person’s rights would be violated by a sale thereof ; and stating that the infants owned personal estate at that time amounting to about $5000.00, and asking for a sale of the .81 acre. This proposed sale was not consummated.
Crouse, the guardian and father, never made any settlement of his accounts as such. The four older children, when they became of age, executed deeds to their father conveying all their interests in their mother’s estate to him. In the year 1919 the plaintiff Jessie Roberts (nee Crouse), having become of age, instituted this suit against her father and former guardian and his bondsmen to obtain her interest in the money derived from the sale of the coal and other minerals
The deed made to Sarah Crouse from J. T. Crouse conveying the 791/2 acres was for tbe consideration of love and affection, and was made by Crouse at tbe suggestion of some neighbor to delay tbe payment .of a debt of about $80.00, which be then owed, and Avhich be afterwards within a few months paid. There was a balance of purchase money, about $200.00 owing on tbe land, which be paid after tbe deed was made to bis wife. She owned no personal estate
Plaintiff contends (1) that defendant’s curtesy was not sold in the two summary proceedings to sell the interests of the infants, and that he conveyed his interest as tenant by the curtesy when he joined in the deeds, although he received nothing therefor, and is now estopped from taking it out of the moneys paid in by the purchasers; (2) that although he was ignorant of his curtesy interest at the time of these sales, his ignorance of the law is no excuse, and cannot now inure to his benefit; (3) that he waived his curtesy interest in favor of his children; (4) that having given bond and received the money as guardian he cannot now claim any part of it as his own; (5) and that he is barred by the statute of limitations and laches.
All of the contentions of the defendant are based upon the claim that he was ignorant of his curtesy in the land he had deeded to his wife. A study of the record leads to the conclusion with reasonable certainty that he did not know that, he had any interest therein. The two summary proceedings for sale of the coal and surface proceeded upon the assumption and theory that the land was owned entirely by the infants. In the first proceeding the coal and other minerals are alleged to be ‘ ‘ owned by his wards, ’ ’ and that the rights of no other person will be affected by a sale; and in the second, the averment is made that after'the mineral underlying the land had been sold, the children and wards were but the owners of the surface only. ■ The mineral was sold by the acre at $20.00 per acre, which the court ascertained from the evidence was its entire worth; the surface was also sold by the acre at
It is reasonably clear, and we so decide, that defendant was ignorant of his curtesy in the land at the times when he instituted the summary proceedings as guardian, and did not know of his interest until about 1910. Does the fact of his ignorance of the law and fact create an estoppel? The often quoted rule that “ignorance of the law excuses no one” is subject to many exceptions and modifications as firmly established as the rule itself. 10 R. C. L., p. 306. “ ‘Ignorance of the law excuses no one’, is a maxim of public policy and wise, and yet often operates to shield injustice and operates harshly on the innocent and ignorant; and hence the rule is guardedly laid down by the courts, leaving an open door that courts of equity may, in particular eases not be shut out from the capacity to prevent real injustice.” Schuttler v. Brandfass, 41 W. Va. 204. The doctrine is discussed in Pomeroy’s Equity Jurisprudence, vol. 2, sec. 849, and the author lays down the following general rule: “Wherever a person is ignorant or mistaken with respect to his own antecedent and existing private legal rights, interests, estates, duties, liabilities, or other relation, either of property or contract or personal status, and enters into some transaction the legal scope and operation of which he correctly apprehends and understands, for the purpose of affecting such assumed rights, interests, or relations, or of carrying out such assumed duties or liabilities, equity will grant its relief, defensive or
It is asserted that because defendant gave a bond for the money which came into his hands by virtue of the sales in a penalty double the amount he is thereby estopped from denying that the money so received by him belongs to the infants, and therefore he must account to the plaintiff without any diminution on account of his claim for curtesy. It is a basic element in equitable estoppel that the act relied upon must be injurious, and prejudicial to him that asserts it as an estoppel; his position must be changed for the worse by relying upon or acting upon the act or conduct of the person against whom he claims estoppel. Bates v. Swiger, 40 W. Va. 420; Bettman v. Harness, 42 W. Va. 451; C. & O. Ry. v. Walker, 100 Va. 69. “Equitable estoppels only arise when the conduct of the party estopped is fraudulent in purpose or unjust in result * * *. The fundamental principle upon which this doctrine is based is the equitable one — the suppression of fraud and the enforcement of fair dealing.” Herm. Estop. 862-865. We fail to see where defendant has acted fraudulently in giving this bond or wherein the plaintiff has acted or been misled to her injury. That defendant may have been under a misapprehension as to his relationship to this fund, or under the impression and belief that he had no personal interest therein, does not estop him from showing the true facts afterwards ascertained. No one has been prejudiced by the giving of this bond, and the doctrine of estoppel does not apply. Davis Trust Co. v. Price, 77 W. Va. 681. The giving of the bond conditioned for the faithful accounting of the fund would not operate to change the true character or ownership of the money. The guardian, unlike an administrator or an executor, has not legal title to the ward’s property. He is a trustee but his powers are limited to mere custody and control of the property as property to which the ward has full and complete title. 21 Cyc
This leaves nothing in the way except the admissions in the summary proceeding and they are not conclusive. That proceeding was not one between the guardian on the one hand and himself on the other. In his individual capacity he was no party to it. His deed does not bind him as between himself and his ward because it was not made to the ward. It conveyed his estate to a third party. Are the statements, in the summary proceedings, to the effect that the wards owned the entire interests in the mineral and surface, and that the rights of no other person would be affected by a sale thereof, conclusive judicial admissions, whether made by Crouse as guardian or as an individual ? The petitions on their face controvert the assertion of whole title and interest in the children and wards. It is stated therein that Sarah J. Crouse, the wife of petitioner, died intestate seized and possessed of the tract of land. The curtesy of the husband therein, while not alleged in terms, is a conclusion of law from the statement of fact. “Statements or admissions relating to a question of law are not admissible in evidence for the reason that a party should not be affected by statements which may be attributed to a misapprehension of his legal right.” 22 C. J. p. 298, sec. 325. While judicial admissions are strictly construed and are usually binding in the case where made, they do not have the same force of conclusive
This is a case which strongly appeals to equity and good conscience. The land originally came to the defendant by inheritance from his father and purchase from his brothers and sisters. Without consideration other than “love and affection ’ ’ he transferred it to his wife, who died leaving the legal title vested in the five children, subject to his curtesy. An advantageous offer of purchase is made to him, and under a mistake of fact the land is sold for full value without ascertaining or making provisions for his curtesy, in proceedings to sell the remainder interests of the children, to which he was not a party. What has become of his life estate, and if sold from him where is the consideration? Where are the equities? Plaintiff stated in her cross-examination that she was willing to take the part of the purchase money her father was entitled to by reason of his curtesy, together with compound interest thereon, even if a mistake had been made by him in not setting up his claim in the summary proceedings. It cannot be questioned that he was entitled to his curtesy interest, and that it would have been allowed in those proceedings if it had been asserted. She would not have been prejudiced then if he had. She would have received what she was justly entitled to take. Now she wants more — the pound of flesh and the blood. Her inheritance has been enriched by the expenditure of the money received from the sale in permanent improvements on the 13.2 acres remaining. Under our interpretation of the decrees and proceedings had in the summary proceedings we do not think it was the intention or design that the father should lose, or that he has lost, his curtesy, and we hold that he is entitled to receive the same out of the money in his hands. The decree is reversed, and the cause remanded for that purpose.
Reversed and remanded.