Lane v. Parsons

• Decision Date: 09 May 1899
• Citation: 79 N.W. 61,108 Iowa 241
• Parties: T. LANE and GEORGE CONSIGNEY, JR., v. JOHN PARSONS and ANN E. PARSONS, Appellants
• Court: Iowa Supreme Court

79 N.W. 61

108 Iowa 241

T. LANE and GEORGE CONSIGNEY, JR., v. JOHN PARSONS and ANN E. PARSONS, Appellants

Supreme Court of Iowa, Des Moines

May 9, 1899

Appeal from Webster District Court.--HON. B. P. BIRDSALL, Judge.

PLAINTIFFS commenced a suit in equity to reform a deed made to them by defendants of an hotel property in the city of Fort Dodge and to recover the amount of a special assessment for curbing and guttering, levied against the property conveyed. Defendants filed a counterclaim for the amount of an unearned premium for insurance upon the property, which, it is claimed, plaintiffs agreed to pay; and also for damages for deficiency in the number of acres in a tract of land they received from plaintiffs in exchange for the hotel property. They pleaded that they exchanged properties on the basis that plaintiff's land contained seven hundred and seventy-eight acres, whereas in truth it contained but six hundred and thirteen, and that plaintiffs falsely and fraudulently represented there were seven hundred and seventy-eight acres in the tract, to their damage. Each party denies the claims of the other, and on these issues the cause was tried to the court, resulting in a decree dismissing plaintiffs' petition and defendants' counterclaim and defendants appeal.--Modified and affirmed.

MODIFIED and AFFIRMED.

Wright & Wright for appellants.

Soper Allen & Morling and Botsford, Healy & Healy for appellees.

OPINION

DEEMER, J.

Defendants who were the owners of an hotel property, situated in the city of Fort Dodge, which was incumbered by mortgage in the sum of three thousand dollars, and against which a special assessment had been levied for the sum of four hundred and seventy-eight dollars, exchanged their property, including the furniture and fixtures, with plaintiffs, for certain farm lands situated in Clay county, Iowa, which were also incumbered by mortgage for the sum of eight thousand dollars. Each of the parties assumed the payment of the mortgage upon the other's property, and defendants paid plaintiffs the sum of five hundred dollars in addition to the hotel property for the lands. Plaintiffs also assumed and agreed to pay all taxes levied and assessed against the hotel property for the year 1893, and defendants agreed to pay the taxes assessed against the farm property for that year. Defendants estimated their property to be worth fifteen thousand five hundred dollars, if clear of all incumbrances, and plaintiffs put in their lands at the estimated value of twenty-one thousand dollars. Plaintiffs claim that defendants falsely and fraudulently represented that there were no taxes levied or assessed against the hotel property other than those due the county and state, and withheld all knowledge of the special assessment, with intent to defraud them. Defendants deny fraud on their part in making the exchange, say plaintiffs assumed to pay all taxes and assessments, and that the assessment levied against the hotel property was invalid and unenforceable, and further pleaded the counterclaims hitherto mentioned. As we have already stated, the trial court denied the claims of each of the parties, and, as plaintiffs do not appeal, we cannot give them any relief. The sole question in the case relates to defendants' right to recover on their counterclaim. The evidence shows without conflict that plaintiffs agreed to pay the unearned insurance premium, amounting to forty-six dollars and seventy-five cents, that but twenty dollars has been paid, and that defendants are entitled to judgment for the difference, to-wit, twenty-six dollars and seventy-five cents, with six per cent. interest from April 28, 1896. In the deed from plaintiffs to defendants the lands were described as certain fractional quarters of land in sections 7 and 18, in...