189 Iowa 430 | Iowa | 1920
“But this section shall be so construed as to include the evidence taken in shorthand, when the reporter’s notes of such evidence have been certified to by the judge and reporter within the time herein provided.”
Appellees argue that public records must be in the English language, and in such form as that the layman who is able to read English can read such record, and that it is a mere form to have a trial judge certify a shorthand report which he is unable to read. But does that prove the deduction that the legislature lacks the power to add to that requirement of the original statute which, demands
While the question now before us was not, in strictness, decided by Richardson v. Fitzgerald, 132 Iowa 253, that which was said on the point now here in consideration lay in the pathway of the decision, and gives some support to our holding.
The cause was heard on depositions, and the recital in shorthand was merely of the offering of these in evidence, the objections thereto, and the reading of the same. The transcript, therefore, could be of little service in the preparation of the abstracts, but was duly certified and filed, when its omission was called to the attention of counsel for appellant. This was in time, though more than six months subsequent to filing of the decree.
“Emil Zenft & Son of Oelwein, IoAva, Avas doAvn to see Mr. Rhines on this last Saturday, and said they had a man that Avanted to trade in a % section of land in Canada on the farm that you got of Mr. Rhines and Avanted $35 per acre for his Canada land and give you $150 per acre for the Rhines farm so better see them if you have not already made the deal on the farm let me knoAV Avhat day you will be down to fix up contract with E. S. CoAvles as you wrote yesterday about this deal.”
The other letter purported to be signed by Rhines, and read:
“There was a man in my store and he said that he came to buy the place that I sold you and that he Avould buy the place. I told him I had sold it and that he must buy it from you. If you. would take in a quarter that he had in Canada that he Avanted 35 an acre for it and he said that he Avould give you one hundred and fifty at once so you had better come at once.”
After some parley, it was arranged that Rodenkirch should have the benefit of the proposed exchange for Canada land, and he and Layton proceeded to Oehvem, AAdiere they met Zenft. The latter had no authority to act for Smith, the party handling Canada land, AAdio Avas absent. Layton prepared a contract, hoAvever, which Rodenkirch signed, and it Avas left for Smith to execute. They returned by Avay of Ossian, AAdiere Rodenkirch had an attorney prepare a convejmnce of the Castalia property to Layton, and took it with him to that place, Avhere lie and his Avife signed and
Such is the outline of the story of the several transactions through which Rodenkirch was induced to agree to the exchange of his property fairly worth from $6,000 to $12,000, for a farm incumbered for more than its actual value. There is always something about such a transaction which, though difficult to express, speaks louder than words. The very atmosphere seems charged Avith the spirit of deceit. It works out too perfectly not to have been carefully planned in advance. Through it all is evidenced the carefully laid scheme to entrap the umvary, suggesting the Aveb Avoven by the spider for the fly. Ordinarily, the victim is one who, like Rodenkirch, has dealt somewhat in realty, but has never come in touch or been associated with experts in the art of deception. He treats the person em
“Q. Were you acting as agent for D. D. Layton or J. D. Layton in that matter in any way ? A. I wouldn’t know how to answer that. Mr. Layton told me he had that property down there, and told me to find hint a deal on it, and I done so. Q. Were you to get any compensation from T). D. Layton? A. If I was, I never did get any.”
On cross-examination, he swore that:
“Layton and I have been working together, handling land ventures, for about five months. ■ Layton said that, if I got any land deals for him, he would make it right. Bodenkirch’s trade ivas the first deal I closed for Layton. * * Layton put this Fayette County farm in my hands for sale, a 'week or two before I took Eodenkirch down. * * * First solicited Eodenkirch for another tract of Layton’s land.”
Deception also was practiced as to the value of the land. The record disclosed that W. J. White purchased it in 1900 for $33 per acre, and that he sold it to Rhines in 1915 for $24,700, all but $18,000 being paid, and that secured by a mortgage on the premises. The grantee proceeded, on August 26th of the same year, to load it with a second mortgage, securing an indebtedness of $3,071.87 to the Lamont Savings Bank. No attention seems to have been given to the land by Rhines until he exchanged it to I). I). Layton for a section of land in Deaf Smith County, Texas. In the meantime, White foreclosed the first mortgage, buying the land in at the sheriff’s sale, June 9, 1917, for $20,664.35. The incumbrances then on the land, August 3, 1917, amounted to $24,470.60, plus about $200 in taxes, levied in 1916. White testified that, in his opinion, the farm was hardly worth what he had against it, or $20,644.35, with interest from June 9,1917. Culver, who was appointed receiver in the foreclosure proceedings, thought $85 or $90. per acre would be a good price for the farm. Sibel, whose land joined it, estimated its value at $80 to $90 per acre, and Zenft thought it could be sold for $100 to $310 per acre. This evidence was not controverted, and there is no
Another matter should not pass Avithout attention, and that is the remarkable combination of circumstances.
We have pointed out at least two specific deceptions practiced in this case, to obtain the Castalia property; but, in doing so, it is not to be inferred that a scheme may not be so planned and ingeniously carried out as to enmesh the victim in a net of intrigue, without disclosing any misrepresentation that is actionable, and yet the transaction, as a whole, be so fraught -with deceit and permeated with dishonesty as that the courts will grant relief. Though the scheme of the defendants was shrewd, and the finesse of its execution incomparable, the courts should be astute enough to analyze the facts and discover fraud, if perpetrated, and thereby protect the unwary against fraudulent devices, however seductive.
A decree should have been entered as prayed. — -Reversed.