200 N.W. 978 | Mich. | 1924
Relief is not sought on the ground of mental incapacity of Mrs. DeBar although it is claimed that her mental and physical condition made her more susceptible to undue influence which it is charged was exercised in procuring the deed. A careful reading of the record, however, convinces us that plaintiff is not entitled to relief *253 on the ground of undue influence and we proceed at once to the only question meriting discussion.
Mrs. DeBar's interest in the premises was that of a vendee under a land contract, an equitable interest or title. The claim of plaintiff who stands in her shoes is that this interest may not be conveyed or surrendered except "by a deed or conveyance in writing" in accordance with the provisions of section 11975, 3 Comp. Laws 1915.
There can be no question under our decisions that the vendee's interest under an executory contract is an equitable title in the land; the vendor holds the legal title. In the instant case the vendee, Mrs. DeBar, directed the vendor, Mrs. Hardy, to convey the legal title to herself and her former husband jointly with the right of survivorship; Mrs. Hardy complied with such direction, and as a part of the one transaction Mrs. DeBar in writing ratified it by executing with her former husband a mortgage for the balance of the purchase price. May the plaintiff whose sole rights are as heir at law of Mrs. DeBar and whose rights can be no greater than Mrs. DeBar's assail in a court of equity this transaction, this executed contract? We think not. This court has consistently held that title to real estate may not be created by estoppel, but in numerous cases this court has also held that a party may estop himself after the arrangements have been fully executed from asserting that the title he by his own acts has created or aided in creating is not the true title. In Gugins v. VanGorder,
"As between the parties, it is we think settled law that one who has deliberately and without any fraud or deceit practiced on him, but on the contrary with the intent for good reasons to have the legal title placed in some one else, obtained a transfer which has all the apparent qualities of such a title, cannot assail it by parol evidence, and show the existence of a former deed to himself which he has suppressed without recording, for the very purpose of having the land reconveyed by his own grantor. The case comes within the rule laid down inGugins v. Van Gorder,
This case in turn was followed in Crittenden v. Canfield,
"Edward C. Gallup having an equitable right to a reconveyance from James, had an undoubted right to relinquish such equitable interest, and bestow it by way of gift upon Elizabeth; and when the title was conveyed to her at his request, it became a gift as valid as if he had taken a reconveyance from James, and conveyed direct to her, in consideration of love and affection, and in anticipation of approaching death."
In Sullivan v. Dunham,
"We think the cases cited are not in point because they involve executory contracts and contracts surrendered by operation by law, whereas these facts involve an executed contract where nothing was left *256
to be done except the payment of the consideration. If plaintiff's version of the affair is to be accepted he surrendered his duplicate contract, went to the premises with defendant and put him in possession thereof, and subsequently it is conceded defendant sold them to another. These circumstances also bring the case clearly within the ruling inSullivan v. Dunham,
See, also, Logan v. Anderson, 2 Doug. 101; Munch v. Shabel,
The executing of the deed by Mrs. Hardy to defendant and his former wife and the executing of the mortgage by them to Mrs. Hardy constituted but a single transaction (Hammel v. NationalBank,
Plaintiff was not entitled to this property as matter of law or of equity and the decree dismissing her bill will stand affirmed, with costs of this court.
CLARK, C.J., and McDONALD, BIRD, SHARPE, MOORE, STEM, and WIEST, JJ., concurred. *257