Champion v. Woods

Citations

• 79 Cal. 17
• 21 P. 534
• 1889 Cal. LEXIS 661

Syllabus

<p>Fraud — Misrepresentations of Law—Means of Knowledge. — Misrepresentations as to matters of law afford no ground of redress or relief, unless one of two parties having fiduciary or confidential relations, and possessing a knowledge of the law, thereby obtain an unconscionable advantage of the other, who is ignorant, and had no means of knowledge of the truth. But if the relations of the parties are not fiduciary, and there is no warranty, and means of knowledge of the truth are at hand and equally available to both parties, the injured party must show that he availed himself of such means before he will be heard to say that he was deceived by the misrepresentations of the other party.</p> <p>Id. —Divorce — Misrepresentations of Husband as to Community Property — Negligence of Wifb. — Misrepresentations by a husband to his wife, made prior to her suit for a divorce, to the effect that all the property he owned and had acquired since marriage was his sole and separate property, relying upon which she was induced to allege in her complaint for divorce that there was no community property, and to omit from her decree of divorce any relief respecting the same, are mere misrepresentations of law as to the rights of the parties, and afford no ground for relief in a subsequent action, commenced three years and a half later, to reach the community property after the husband’s death, — the wife’s failure to obtain independent advice and information as to her property rights in the hostile proceeding for a divorce being inexcusable carelessness.</p> <p>Judgment — Relief in Equity—Negligence. —Relief in equity against a judgment on the ground of fraud will not be granted, unless the party seeking the same has been free from negligence. If the party injured brought about the judgment through his own carelessness, he will not be relieved therefrom.</p>