111 Iowa 246 | Iowa | 1900
In the preceding statement of the case we have only given the most prominent facts. In addition thereto there are many minor ones. Taken altogether, they stamp the defendant’s conduct in this transaction as being as fraudulent and vicious as any recorded in the books, and as deserving of the punishment imposed by the trial court as in any case with which we are acquainted. Notwithstanding the gross fraud perpetrated on Mr. Brooks and his wife by this defendant, we are compelled to reverse this case because of the well-settled legal principles controlling it, which we now consider.
I. Were the deeds to Ohase void absolutely, or were they voidable only ? If absolutely void and of no effect, of course no title passed to Ohase, and he could convey none to others. If voidable only, the title passed to Chase according to the terms of the deeds, and-he might, in turn convey to another. At the time the deeds were given to Chase, if, indeed, they were ever actually delivered to> him, Engle was authorized to either sell or trade the Brooks land. There is no escape from this conclusion. Brooks so testifies, in substance, and the entire record confirms the defendant’s contention on this point. It is true, nothing had been said up to that time about Nebraska land, and the written power of attorney provided for a salé only., but all parties understood, and so talked, that Engle was to either sell .or trade
II. Brooks was notified in March of the trade for the Nebraska land, and knew that it had been deeded to him, ■and the deed properly recorded. He also knew that Chase "had' executed a mortgage to him on the Dickinson county land securing a note for one thousand dollars, and he bor'rowed six hundred dollars of the bank, and gave this note •and mortgage as ■ collateral security for its payment. In April he notified his former tenant that he was “rid of the Dickinson county land in such a way that he had nothing more to do with it,” and that he “must look to Mr. Engle "hereafter for leases, and such authority as I wanted on the place.” In July he caused two letters to be written to1 Nebraska, making inquiries as to how the title stood, and as do the value of that land. In answer' to these letters he