Marrujo v. Chavez

• Court: New Mexico Supreme Court
• Writing for the Court: CHAVEZ; CARMODY, J., and OMAN
• Citation: Marrujo v. Chavez, 77 N.M. 595, 426 P.2d 199, 1967 NMSC 59 (N.M. 1967)
• Decision Date: 20 March 1967
• Docket Number: No. 8099,8099
• Parties: Donaciano MARRUJO, Plaintiff-Appellee, v. Camila CHAVEZ, Defendant-Appellant.

Page 199

426 P.2d 199

77 N.M. 595

Donaciano MARRUJO, Plaintiff-Appellee, v. Camila CHAVEZ, Defendant-Appellant.

No. 8099.

Supreme Court of New Mexico.

March 20, 1967.

Rehearing Denied April 20, 1967.

Melvin T. Yost, Manuel A. Sanchez, Santa Fe, for appellant.

Roberto L. Armijo, Las Vegas, for appellee.

OPINION

CHAVEZ, Chief Justice.

Defendant-appellant Camila Chavez appeals from a judgment vesting title in appellant to a certain tract of land, divesting title from appellant of another tract of land, and from an order denying appellant's motion to set aside a stipulation entered into with plaintiff-appellee Donaciano Marrujo.

Appellee filed suit against appellant to quite title to certain lands in Mora County, New Mexico. Appellant answered and cross-claimed. The parties entered into a stipulation providing that appellee was to deed and convey to appellant a certain tract of land, and that appellant was to deed and convey to appellee a certain tract of land, the parties to exchange deeds. Prior to the exchange of deeds, appellant filed a motion to set the stipulation aside on the grounds: (1) That appellee had no title to all of the lands which, by the stipulation, he agreed to convey to appellant; (2) that in entering into the stipulation, appellant relied on the representations made by appellee, that he was the owner of the tract of land which he agreed to convey; and (3) that a deed from appellee to appellant would be fraudulent and ineffective as to 5.79 acres, which would be contained in the tract to be so conveyed by appellee to appellant. Appellee filed a traverse to the motion, alleging: (1) That the stipulation was entered into without any misrepresentation and with full knowledge of the facts and circumstances; (2) that appellant was seeking to enlarge and deviate from the terms of the stipulation; (3) that appellee was prepared to perform his agreed part of the stipulation; and (4) that the trial court should enter judgment based upon the stipulation. The trial court granted judgment in favor of appellee, from which judgment appellant now appeals.

The stipulation states in part:

'The parties to the above cause hereby stipulate and agree by their respective counsel to settle the issues in the above case upon the following basis;

'1. That the Plaintiff Donaciano Marrujo, joined by his wife, by warranty dead (sic), convey to Camila Chavez, or her nominee the following described lands:

'That portion of the tract of land that was deaded (sic) to Donaciano Marrujo by Lily (sic) S. Dyer and husband recorded in Book O--17, page 516, Mora County Clerk's Records, being a portion of land surveyed as Small Holding Claim 5934, Tract One in Section 14, Township 20 N. Range 14 East, which lies south of the main public road from Ledoux to the properties of Antonio Martinez, Wayne and Carl Sawyers and others.'

The Dyer deed, recorded in book O--17, page 516, of the Mora County Clerk's records, states:

'A tract of land situated in Precinct No. 16 and located in the NW 1/4 of Section 14 in Township 20 North Range 14 East, N.M.P.M., in Homestead Patent No. 5934, Tract 1, in the J.W.E. Walker Homestead, and more particularly described as follows, to-wit: Beginning at the Southeast corner of this tract, thence North 65 degrees 30 West 10.73 chains, to the Southwest corner of this tract; thence North 26 degrees East 25.21 chains to the Northwest corner of this tract; thence South 65 degrees 30 minutes East 10.73 chains to the Northeast corner of this tract; thence South 26 degrees west 25.21 chains to the point and place of beginning; containing 20 acres, more or less.'

A portion of the land described in the Dyer deed lies south of the main road, as stated in the stipulation, and is rectangular, with a length of 17.3 chains on an axis of N. 26 E., and a width of 10.73 chains on an axis of N. 65 30 W. Contained within this rectangle described in the Dyer deed is a smaller rectangle, composed of land lying within Small Holding Claim 5934, Tract 1, measuring 7.38 chains in width by 17.3 chains in length, containing 12.77 acres which will hereinafter be referred to as tract 'A.' Also included in the Dyer deed description is another rectangle of land lying to the northwest and parallel to tract A, composed of land lying within Small Holding Claim 5141, Tract 1, measuring 3.35 chains in width by 17.3 chains in length, containing 5.69 acres which will hereinafter be referred to as tract 'B.'

It appears that through error tract B was included in the Dyer deed description. The basis for the apparent error is shown by an examination of appellant's Exhibit 7, which was received in evidence at the pre-trial conference and is a plat survey of the area. The error evidently crept into the Dyer deed because the plat survey, showing the south boundary of Small Holding Claim 5934, Tract 1, is given as N. 65 30 W. measuring 7.38 chains, and if this boundary is projected to the section line between sections 14 and 15, the measurement is shown as 10.73 chains. The Dyer deed description, by stating the width as 10.73 chains, included in the deed tract B which, by the plat survey, would appear to be owned by one Antonio Martinez. We do not now decide the ownership of tract B.

Upon these facts, appellant's complaint is that if she had known she would receive by warranty deed title to land measuring only 7.38 chains in width and containing 12.77 acres, she would not have entered into the agreement. Appellant states that appellee, by the terms of the stipulation, agreed to convey the land described in the Dyer deed lying south of the main road which, by the deed description, was to measure 10.73 chains in width and contain approximately 20 acres.

Stipulation of settlement with judgment to be entered is regarded as removed from the ordinary stipulation, particularly procedural ones, which the court is free to set aside or not in its broad discretion and for the sake of convenience alone. It is usually required there be a showing equivalent to that necessary to set aside a contract in equity. 161 A.L.R. 1192; Alldredge v. Alldredge, 20 N.M. 472, 151 P. 311. It is incumbent on the party moving, to avoid the consequences of a written stipulation, to show good cause why the terms of the stipulation should not be carried out. Xenakis v. Leslie, (Fla.App. 1963), 152 So.2d 500; Roin v. Checker Taxi Company, 36 Ill.App.2d 447, 184 N.E.2d 736. A party seeking relief from a stipulation of settlement has a heavy burden of persuasion. Wagner v. Myers, 355 Mich. 62, 93 N.W.2d 914.

Appellant seeks relief from the stipulation by arguing that there was misrepresentation, because if appellee knew, as he was bound to have known, that he had no title to the whole of the tract described in the Dyer deed lying south of the road which he agreed to convey, and if he knew, as he was bound to have known, that the tract would be 5.69 acres short of the acreage that would have been conveyed by appellee to appellant and did not advise appellant of these facts, then appellant is entitled to relief. To support this argument, appellant cites Colorado Milling & Elevator Co. v. Howbert, (10th Cir. 1932), 57 F.2d 769, and Armour & Co. v. Renaker, (6th Cir. 1913), 202 F. 901. We cannot accept this contention. There is nothing in the record to support appellant's allegation that appellee knew of the error, or that appellee did not advise appellant of the error, and appellant does not point to any evidence that will support this contention.

Appellant also contends that there was a mutual mistake of fact, because the parties to the stipulation acted under the mistaken belief that the tract described by the Dyer deed measured 10.73 chains, when in fact the tract to be conveyed by the Dyer deed only measures 7.38 chains in width and, because the tract that can be conveyed to appellant will be short 5.69 acres, the mistake was material. 15A. C.J.S. Compromise and Settlement § 36(b), p. 256. The term 'mutuality' has an appeal that cannot be overlooked. Often it would appear there is attached to the words 'mutual mistake' an almost emotional connotation, whereby numerous errors may be vaguely asserted without forcing the party making the assertions to precisely strike at the heart of the matter. The idea behind the term is of importance but, unfortunately, the rules and principles connected with the term are not easily stated. It seems clear, however, that courts, in deciding whether or not relief should be granted in such instances, often tend to examine the additional factors accompanying the asserted mutual mistake. 3 Corbin on Contracts, §...