Jackson v. Smith

19 V.I. 361
CourtSupreme Court of The Virgin Islands
DecidedFebruary 28, 1983
DocketCivil No. 730/1981
StatusPublished
Cited by1 cases

This text of 19 V.I. 361 (Jackson v. Smith) is published on Counsel Stack Legal Research, covering Supreme Court of The Virgin Islands primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jackson v. Smith, 19 V.I. 361 (virginislands 1983).

Opinion

MEYERS, Judge

MEMORANDUM OPINION

The plaintiffs, Anthon Jackson and his wife, Constance Jackson, ask this Court to invalidate a warranty deed conveying a parcel of land from Mr. Smith to the Jacksons because Mr. Smith represented to them that he was the owner of record of a plot of land, a portion of which belonged to an adjacent property owner. The matter came on for trial on October 27, 1982. The parties submitted post-trial memoranda and the Court took the matter under advisement. For the reasons that follow, the Court enters judgment in favor of the plaintiffs.

The facts are basically undisputed. On or about May 8, 1981, Mr. Smith agreed to sell and the Jacksons agreed to purchase a parcel of land described as No. 20-22G Estate Smith Bay, Nos. 1, 2, and 3 [363]*363East End Quarter, St. Thomas, Virgin Islands, as shown on Public Works Department Drawing No. F9-3833-T80, consisting of 10,196 square feet, more or less. (See attached copy of said map which was admitted in evidence as Defendant’s Exhibit D.) The purchase price was $14,000.00. The closing was held on May 13,1981, at which time the Jacksons paid Mr. Smith $10,000.00 cash and executed a first priority purchase money mortgage and promissory note for the balance of $4,000.00. The Jacksons then received a warranty deed. The promissory note was payable in thirty monthly installments of $150.93 each, beginning in June of 1981. The Jacksons made two installment payments before the filing of this action.

Before the closing, Constance Jackson and Mr. Smith visited the site. Mr. Smith showed Mrs. Jackson where No. 20-22G Estate Smith Bay was located by standing at a high elevation at the entrance of Lawrence Fleming’s driveway and pointed to an area downhill facing Cassi Hill. The area that was pointed out allegedly had a “good view”, and was next to the property owned by Fleming. Smith admitted that on the first visit to the site with Mrs. Jackson he parked his vehicle at the entrance to Mr. Fleming’s driveway. He denies, however, that he stood at the high elevation where Mrs. Jackson said he did. He claimed that he walked downhill a short distance before pointing out the site to Mrs. Jackson.

The Jacksons thereafter hired a Mr. E. Henry and Mr. Fleming to clean and clear the land shown them by Mr. Smith. While Mr. Fleming was clearing the land, Mr. Smith remarked that he had noticed that he had begun to work on the Jacksons’ property. Subsequent to the cleaning and clearing, the Jacksons engaged the services of a licensed surveyor, Mr. Charles Hamilton, who advised them that a portion of the land shown to them by Mr. Smith, which they had cleaned and cleared, did not belong to Mr. Smith. The Jacksons immediately went to Mr. Smith and demanded the return of their money. Mr. Smith refused claiming he did not mislead anyone and this suit followed.

The Jacksons alleged that Mr. Smith willfully, falsely, and with the intent to deceive them, showed them land he claimed to be his when he in fact knew that a portion of the land shown to them was owned by a Mr. Savin. Mr. Smith admitted thq,t he sold a large parcel to Mr. Savin, but that the Savins’ land was located east of the estate road shown on defendant’s Exhibit D. They further allege that they relied on Mr. Smith’s representation to their detriment in that they expended considerable sums of money to clean and clear the land, to have the boundary markers located, and for architec[364]*364tural drawings. The Jacksons pray that this Court invalidate the warranty deed conveying the said parcel to them by Mr. Smith, for a refund of all monies they paid Mr. Smith, and for reimbursement from Mr. Smith for sums expended in connection with the property.1

Mr. Smith had denied the substantive allegations of the Jacksons’ complaint, and as an affirmative defense, raised the doctrine of caveat emptor. He claimed that the Jacksons were obligated to examine the title and metes and bounds of the property. Mr. Smith counterclaimed for $4,000.00 alleging that the Jacksons were in arrears for the months of August and September 1981, and therefore were in default of their mortgage. He requested an order requiring a sale of the property to satisfy the judgment.

The issues in this case are as follows:

1. Whether Mr. Smith willfully, falsely, and with the intent to deceive the Jacksons, represented his ownership of a portion of land to the detriment of the Jacksons.
2. Whether the Jacksons were under a duty to inspect the premises and to investigate the ownership of the plot prior to closing thereby invoking the doctrine of caveat emptor.
3. Whether the Jacksons relied on Mr. Smith’s representation, false or otherwise, to their detriment thereby entitling the Jacksons to a rescission of the contract, restitution, and damages.

I

The trial testimony revealed that Mr. Smith offered to sell and the Jacksons offered to purchase a plot of land in Estate Smith Bay. Mrs. Constance Jackson testified that Mr. Smith pointed out the land that he had for sale, and he also pointed out where one of the boundposts was. All of the boundposts or boundary markers could not be seen from where they stood because of the height of the bushes. She testified that it had “a good view”. Mrs. Jackson further stated that she and her husband had made several trips to the site for the purpose of showing the property to the surveyor, contractor, and the draftsman in preparation for building a house thereon.

Mr. Charles Hamilton, a licensed surveyor, testified that at the time he surveyed and subdivided the plot in question for Mr. Smith [365]*365he had informed him that the disputed portion of the property in question did not belong to him. That portion is indicated on the same map as “Portion of #20” and is situated next to the southern boundary of Parcel No. 20-22G. (See darkened portion of defendant’s Exhibit D.) He also said that Mr. Smith “truly believed” the plot of land described as “Portion #20” was his and that it was an integral part of Parcel No. 20-22G. Moreover, he testified, Mr. Smith insisted the land was his. Mr. Hamilton’s conversation with Mr. Smith occurred before the sale of the land to the Jacksons.

Lawrence Fleming, a neighbor who lives very close to the property in issue2 testified he overheard Mr. Smith tell Mrs. Jackson something to the effect that “your bounds start from there up.” He further testified that Mr. Smith told Mrs. Jackson that one bound-post started from his boundary (Mr. Fleming’s) going towards the north. He corroborated Mrs. Jackson’s testimony to the extent that the area where Mr. Smith stood to point out the land was approximately the same area Mrs. Jackson indicated. He further testified that he was hired by the Jacksons to clean and clear the parcel in question. While doing so, Mr. Smith remarked that he had noticed that the Jacksons had begun to work on their property.3

Based on the testimony, the Court cannot find that Mr. Smith intended to deceive the Jacksons. Although most of the requirements to prove fraud have been met, one critical requirement is lacking, namely, that Mr. Smith knew that his misrepresentation was false. The Court, having viewed the property and having heard the testimony of the surveyor finds that there was no intent to deceive the Jacksons and, therefore, finds that no fraud was committed.

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Bluebook (online)
19 V.I. 361, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jackson-v-smith-virginislands-1983.