Burton v. Haden

• Decision Date: 12 March 1908
• Citation: 60 S.E. 736,108 Va. 51
• Parties: BURTON . v. HADEN et al.
• Court: Virginia Supreme Court

60 S.E. 736

108 Va. 51

BURTON .

v.HADEN et al.

Supreme Court of Appeals of Virginia.

March 12, 1908.

1. Deeds—Construction.

A deed recited that it was conceded by the grantor that the grantee had title to an undivided two-thirds interest in the property, and that the grantor disclaimed any interest or claim to that interest admitted to be vested. in the grantee, but that whatever should be the grantor's interest in the land it was the intent of the deed to convey the whole of her interest be it one-third or more. Held, that the deed showed the recognition of an undisputed right, and not the intent to compromise doubtful rights.

2. Equity—Mistake op Law—Relief—Maxims.

Ordinarily a mistake of law, pure and simple, is not ground for relief, but the doctrine "Ignorantia juris non excusat" is confined to mistakes of the general rules of law, and has no application to mistakes of persons as to their own private legal rights.

[Ed. Note.—For cases in point, see Cent. Dig. vol. 19, Equity, §§ 15, 16.]

3. Cancellation of Instruments—Grounds —Mutual Mistake of Law.

Where a person is ignorant or mistaken in respect to his private legal interests, and enters into a transaction, the legal scope and operation of which he correctly understands, for the purpose of affecting his assumed rights, equity will grant relief, treating the mistake as analogous, if not identical, with a mistake of fact; and hence, where a person who owned a fee-simple estate in land believed herself the owner of only a one-third interest, and conveyed her entire interest under that mistaken belief to a grantee laboring under the same mistake for a grossly inadequate consideration, equity will set aside the conveyance.

Error to Circuit Court of City of Lynchburg.

Bill by Eugenia L. Haden and others against Belle G. Burton to set aside a deed. Decree for plaintiffs, and defendant brings error. Affirmed.

Wilson & Manson and F. W. Whitaker, for plaintiff in error.

Daniel Harmon and L. O. Haden, for defendants in error.

KEITH, P. The bill in this case was filed by Mrs. Eugenia L. Haden against Belle

G. Burton and Gabriella T. Burton, heirs at law of E. H. Burton, the object of which is to set aside and annul a conveyance made May 20, 1904, by Mrs. Haden to E. H. Burton. This deed is as follows:

"This deed made this 20th day of May, 1904, between Eugenia L. Haden, party of the first part, and E. H. Burton, party of the second part:

"Witnesseth: That for and in consideration of the sum of nine hundred dollars, the receipt of which is hereby acknowledged by the said party of the first part, evidenced by the bond of said party of the second part for the said sum of $900.00, bearing even date herewith and payable to the said Eugenia L Haden one year after date, with interest from date, for the payment of which a vendor's lien is hereby especially reserved on the land herein conveyed, the said party of the first part hath granted, sold and conveyed, and by these presents doth grant, sell and convey unto the said party of the second part, with general warranty of title, all the right, title and interest of the said Eugenia L Haden, party of the first part, which said party of the first part acquired under the last will and testament of M. L. Burton, deceased, by the exercise of the power of appointment vested in said M. L. Burton, in and to that certain tract of land situate, lying and being in Campbell county, containing 340 acres, more or less and described as follows:

* * * * * *

"It being the same tract of land which was conveyed by Madison Haden in trust for the benefit of the said M. L. Burton, deceased, with power in said M. L Burton to appoint by her last will and testament one of her brothers or sisters to the remainder interest therein, after the death of said M. L Burton, deceased, by deed dated February 6, 1891, and of record in the clerk's office of the county court of Campbell in Deed Book 55, page 209. The power of appointment contained in said deed having been exercised by said M. L. Burton, deceased, in. favor of the said party of the first part, in her last will and testament, which said will is recorded in the clerk's office of the corporation court for the city of Lynchburg in Will Book J, p. 275. To which deed and will reference is hereby made.

"To have and to hold unto him, the said E. H. Burton, his heirs and assigns forever.

"It is conceded by said Eugenia L Haden,

party of the first part, that said E. H. Burton, has title to an undivided two-thirds interest in the above-described property. And the said Eugenia L. Haden hereby disclaims any interest or claim to the said undivided two-thirds hereby admitted to be vested in said E. H. Burton.

"But whatever be the interest of the said Eugenia L. Haden in and to said tract of land, it is the intent of this deed to convey the whole of her said interest, be the same one-third or more, to the said E. H. Burton.

"The said party of the first part hereby covenants with the said party of the second part that she is seized of said property in fee simple; that she has the right to convey the same; that she has done no act to encumber the same; that said property is free from incumbrances; that the said party of the second part shall have quiet and peaceable possession of the same; and that she will execute such other and further assurances of title as may be requisite."

Without discussing the pleadings, it is sufficient to say that the bill claimed that the deed should be set aside, if for no other reason, upon the ground of mutual mistake as to the interest and title of the grantor in the tract of land which was the subject of the conveyance.

We do not deem it necessary to set out the wills and deeds, by force of which the title to the 340 acres embraced in the deed from Eugenia L. Haden to E. H. Burton became vested in the grantor in that deed. It is beyond doubt that at the date of that conveyance Eugenia L Haden was the fee-simple owner of the 340 acres of land; that she believed that she had title only to an undivided one-third interest therein; and that the most favorable position in which the grantee can be placed is that the mistake was mutual, and that the grantee as well as the grantor dealt with the subject-matter in the honest belief that she was the owner of an undivided one-third, and that he was the owner of the remaining undivided two-thirds interest in that tract.

It appears from the evidence that this deed was prepared by counsel for E. H. Burton, the grantee; that Burton carried the deed to Mrs. Haden; that he took her before a notary in Campbell county, by whom her acknowledgment was taken; that the relations between the grantor and grantee had been of the most intimate and confidential character; that she had implicit confidence in him and in his judgment, and frequently advised...