29 Ala. 637 | Ala. | 1857
Chancery will not sustain a conveyance made through a mistake as to a matter which constitutes a material inducement to the act, if that mistake resulted from the misrepresentation of the other contracting party, though innocently made, and it may be fairly presumed from the relation of the parties and the subject of the misrepresentation that the party making the conveyance trusted to the representation. This proposition of law, which must control the decision of this case, is asserted in the opinion of Judge Goldthwaite, in Boney v. Hollingsworth, 23 Ala. 697, qnd is defensible upon principle and authority, perhaps even in a less guarded form than that in which it is stated. Mistake itself is an ancient and well-established head of jurisdiction, and courts of chancery have always relieved against mistakes, when they were as to facts constituting a material ingredient in the contract, and not discoverable by the exercise of such diligence and vigilance as the law exacts. Courts of chancery relieve, also, against misrepresentations as to material matters, innocently made; for the misrepresentation is not the less injurious because so made, and “ it operates as a surprise and imposition.” — Boney v. Hollingsworth, supra; Smith v. Robertson, 23 Ala. 312 ; Kennedy v. Kennedy, 2 Ala. 571; 1 Story’s Eq. §§ 140,141,193 ; Willard’s Equity, 150 ; Murray v. Palmer, 2 Sch. & Lef. 474 ; Evans v. Lewellen, 1 Cox’s Ch. R. 333 ; Hitchcock v. Griddings, 4 Price, 135, top 55 ; McCarthy v. Decaix, 2 Russ. & Mylne, 614, (13 Eng. Ch. R. 192).
To ascertain whether the conveyance on which the title to complainants is predicated must be condemned under the principles of law above laid down, it is necessary to examine the facts in the case. The complainants are the only children
It is manifest from what has already been said upon the authority of the record, that the conveyance by Mrs. Trippe, and the will of her husband, are parts of one and the same
The question arises, whether she shall be bound by her obligations, which composed a part of that general arrangement. One of the inducements to the making of the conveyance by Mrs. Trippe, was her desire to benefit the children
Again, the conveyance by Mrs. Trippe says, that her property is incorporated with her husband’s estate, she “ reserving the right, as a consideration therefor, to become an equal heir in the estate of her husband with his children.” So much importance is attached to the interest of Mrs. Trippe under the arrangement, that it is not only provided for in the will, but Mrs. Trippe carefully reserves the right to share equally with complainants the property of her husband, and in effect asserts that as a consideration upon which her conveyance is made. The promise by the will of Dr. Trippe to his wife, of a provision for her “ comfort and happiness” out of the crops
Neither of the controlling purposes of Mrs. Trippe and her husband can be accomplished, if Dr. Trippe’s estate was so embarrassed with debts, that its sale toas necessary. The arrangement would never have been made, had the extent to which the estate was indebted been known. As to that matter, there was a mistake on the part of Mrs. Trippe, and also, in oúr judgment, on the part of Dr. Trippe ; for we do not'find-in the case any authority for imputing to him a fraudulent design.
Without looking into any other testimony, we conclude from.the will itself, that Mrs. Trippe was misled by her husband’s representations as to the amount of his debts. That instrument directs that none of the personal property shall be sold ; that the plantation shall be carried on ; that the proceeds of the testator's “ crops" shall be first appropriated to the payment of the debts ; that the money arising from that source, after the debts are paid,'shall be appropriated to the improvement of the place, the education of the children, “ the comfort and happiness ” of Mrs. Trippe, and the purchase of the negroes ; that certain lands, distinct from the plantation on which the testator resided, be sold, and the proceeds appropriated to the tract of land of his residence ; that four hundred and fifty dollars be paid, in three installments of one hundred and fifty dollars each, to the testator’s nephew ; and that a certain slave be given to the testator’s daughter, as her exclusive property. These provisions of Dr. Trippe’s will, made in Mrs. Trippe’s presence, amount to an assertion, solemn and impressive, that the estate was not so indebted as to render a sale of it a probable contingency. Upon the hypothesis of the correctness of that assertion, the whole arrangement was based, and to its incorrectness a failure in the accomplishment of the purposes of the parties followed as a sequence. It is incredible that Mrs. Trippe, uninfluenced by the representations in the will of her husband, would have made the conveyance she did. We are told by some of the witnesses, that she took a lively
Our conclusion from the protracted argument which we have made, is, that'the conveyance upon which complainants rely as proof of their title falls within the principle which we laid down at the outset of this opinion, and that therefore it would be rescinded upon a suitable application.
The conveyance of Mrs. Trippe being one which a court of chancery would rescind, the complainants, though armed with the legal title, have not as against the administrator of Mrs. Trippe’s estate, an equitable', right to recover the two thirds of the property conveyed to them. Where the answer avers, and the proof establishes, the facts which entitle Mrs. Trippe’s representative to a rescission of the contract, the complainants’ right of recovery in a court of equity is negatived. The court of chancery cannot give relief upon a naked legal title, which a court of chancery would set aside as inequitable. If the defendant sought any relief, a cross-bill would be an indispensable pre-requisite to its attainment. But here no relief is sought, and none is needed. Mrs. Trippe had, under the deed, an interest of one third in the property ; and the possession of the property was with Mrs. Trippe in her lifetime, and has been with her representative
As an authority for the position, that a cross-bill was necessary, we are cited by the appellees’ counsel to the case of Carter v. Palmer, 8 Clark & Finn. 657, and of Eddleston v. Collins, 17 Eng. Law and Eq. R. 296. The former of those two cases is accompanied by a brief note of the observations made by Lord Cottenham, when the case was previously before the House of Lords, on a motion to remand the cause. The defense in that case was, that the complainant, being the professional agent of the defendant, had purchased at an under price an incumbrance upon the estate of the latter. The bill had been dismissed ; and Lord Cottenham, in the remarks which he submitted, said that the bill ought not to have been dismissed, that the defendant was bound to pay to the complainant the price of the incumbrance, and that the ■defendant ought to file a cross-bill. The report is meagre, and does not state the reasons fob the opinion expressed. Although it is possible, that the propriety of a cross-bill may have been concluded from the fact that it was incumbent upon the. ¡defendant to tender the price as the condition upon which he would be relieved, we are not sure that the authority can be reconciled with the position taken by us. In the other case cited, one of the lord-justices (the other saying nothing on the point) expressed the opinion, that a respondent could not by answer impeach the- complainant’s title ; but the lord-chancellor, conceding that the filing of a cross-bill would have been “ the more strict course,” held that the defense could be made by answer. The counsel for the appellees also refers us to the syllabus of a decision in Chitty’s Equity Digest, p, 2051, § 9, which says that, where a defendant in his answer sets up as a defense to the plaintiff’s case that the original grant, in relation to which the plaintiff has come into a court of equity, ought not to have been executed, in general he will not be allowed to impeach the grant in such
Although the precise" question arising in this case has not been decided in this court, yet the principle which is applicable and must control its decision is well settled. — Goodwin v. McGehee, 15 Ala. 232; Cullum v. Erwin, 4 Ala. 452 ; Tison v. Tison, 14 Ga. 167.
In the argument of this case it was insisted, that the conveyance of Mrs. Trippe had never been delivered ; that it was procured by the exercise of undue influence, and was fraudulent. It was also argued, that the mistake alone, in the absence of any.misrepresentations, was of itself sufficient to avoid the conveyance. There were, in addition to those questions, several questions raised upon the evidence. We forbear to consider any of those questions, because the points decided are conclusive of the case.
The decree of the court below must be reversed, and a decree must be here rendered, dismissing the bill, and imposing the costs of this court and the court below upon the next friend of appellees.