95 Iowa 604 | Iowa | 1895
I. The following facts, out of which this contention grows, appear without question, or are fairly established by the evidence:
On November 7,1891, the defendants, J. D. Ferree and T. E. Muir, executed and acknowledged a plat of their subdivision of certain lands owned by them, as an addition to the city of Ottumwa. This, plat was not filed for record until April 19, 1892. The following is a copy of the plat, as executed and recorded, except as to the two dotted lines:
At the time the subdivision was made, only the outer boundaries were marked'•by stakes. On April 12 and 15, 1892, stakes were set, marking the interior corners of lots. Prior thereto, defendants had sold fifteen feet off the northeast side of lot 5, and twenty-five feet off the southwest side of lot 6, to a Mr.. Cram, and the balance of lot 6 to a Mr. Holt. The dotted
II. The law of estoppel is so well understood that we need not cite authorities at length. “Estoppels must be certain to every intent, for no one should be denied setting up the truth unless it is in plain and clear contradiction of his former acts and declarations.” Hubbard v. Insurance Co., 33 Iowa, 325. “Where one, in honest error, asserts that which is not true, and does so for the purpose of influencing another, who, in good faith, trusts to and acts upon it, he that made the mistake shall not correct it for his own benefit, and to the injury of the party who was deceived by his assertions.” Smith v. Cramer, 39 Iowa, 413. “A party is estopped from contradicting his own representations, on the strength of which another has acted, even where such representations were made in good faith, and in ignorance of the facts.” Sweezey v. Collins, 40 Iowa, 540. In the light of these rules, we now inquire whether, under the facts, the defendant Ferree is estopped from now denying the plaintiffs’ right to hold and occupy to the line to which they graded and built.
It will be observed that the plat was not recorded until after plaintiffs made their purchase, and the deed was executed to them. Therefore plaintiffs could not have relied upon the records in determining the boundaries of lot 4, in making their purchase and accepting their deed. It will also be observed that the plat, as recorded, dijd not correspond with the boundary marks placed upon the surface of the ground, in that it did not show the lines of Mr. Cram’s purchase, nor call for a. stake at his northwest corner. It is evident that the
(; . .We will not refer to the evidence further, but say that, in our opinion, it fully establishes the following facts: That, in making their purchase and improve-' oments, plaintiffs did not and could not with safety have ¡relied npon the plat alone; that they did rely solely upon the representations of the defendants as to the ¡boundary lines of the lot, not only in making the purchase, but in grading, and locating their house. That the defendants, and each of them, knowing that the plaintiffs so relied upon their representations, did, in good faith, and believing the same to be correct, erroneously point out the Cram-Holt corner as the northeast corner of lot. 4, and that the plaintiffs, relying thereon, made their improvements to conform to that line. That not even a suspicion as to the mistake was suggested to the plaintiffs, until the improvements were well under way, and that, after defendant Ferree did come to question the correctness of the line he had pointed ¡out, he failed to take any steps to ascertain the connect iline, but permitted the plaintiffs to go on and complete their building on the faith of his representations. Mr. Ferree does not appear to have become entirely convinced of his mistake in pointing out the line until a few days before the commencement of this suit, — May 12,1893, — when he served a notice upon the plaintiffs that they had constructed their house so that the same covered a part of lot 3, and demanding of them that they remove the same. We think the facts bring the lease clearly within the ¡rule of estoppel which we have