Chambers v. Roper., (No. 8607)

• Decision Date: 26 October 1937
• Docket Number: (No. 8607)
• Citation: 119 W.Va. 338
• Court: West Virginia Supreme Court
• Parties: William E. Chambers v. Emma J. Roper et al.

119 W.Va. 338

William E. Chambers

v.Emma J. Roper et al.

(No. 8607)

Supreme Court of Appeals of West Virginia.

Submitted September 9, 1937.

Decided October 26, 1937.

Deeds

Where an aged grantor, by deed, has conveyed property in consideration of an agreement for his maintenance and support, and discord arises between the parties, the grantor is entitled to the benefit of all reasonable doubt, and the property should be restored to him if it can be done without injustice to the grantee.

Kenna, President, absent.

Appeal from Circuit Court, Jefferson County.

Suit by William E. Chambers against Emma J. Roper and husband. From a decree of dismissal, plaintiff appeals.

Reversed and remanded.

John T. Porterfield and Harry H. Byrer, for appellant. E. L. Luttrell and Hugh S. Byrer, for appellees.

Riley, Judge:

This is a suit in equity, brought by William E. Chambers against Emma J. Roper and Kerney Roper, her husband, for the purpose of cancelling a deed, whereby the plaintiff had conveyed to Emma J. Roper a certain tract of land situate in Jefferson County in consideration of "the comfortable support and maintenance of the said William E. Chambers, during his lifetime, by the said Emma J. Roper, upon the real estate hereby conveyed." From a final decree, denying the relief prayed for and dismissing his bill of complaint, the plaintiff appeals.

In general, the bill of complaint was drawn on the theory that there had been a substantial breach of the contract and failure of consideration in that the defendants had made life so miserable that the plaintiff was compelled to leave the premises and seek a home else- where. The answer sufficiently denies the material allegations of the bill, and by way of affirmative relief, prays that in case of a cancellation of the deed, the defendants be reimbursed for money, in an amount not less than $1250.00, spent for improvements on the farm. A replication was filed, denying the right of the defendants to reimbursement for any improvements, and further denying that the value of any improvements made by the defendants is in excess of $300.00.

The evidence is too involved to permit a detailed statement in this opinion. A general resume will suffice. The plaintiff is a retired telegraph operator, having been employed by the Baltimore and Ohio Railroad Company for thirty-three years, during which time he had saved $7,000.00. At the time of the happenings upon which this suit is based, he was about seventy-two years of age, weighed 120 to 125 pounds and was crippled in one arm and foot. The defendant, Emma J. Roper, was about forty-eight years old and weighed 160 to 175 pounds. During the fall of 1933, the Ropers were living on a farm located about one mile from Charles Town, known as the Elliott place. Sometime during the fall, Chambers met the Ropers. On the evening before Easter of 1934, he, together with a Mr. Claybaugh, stayed all night in the Roper home. On May 1, 1934, he began boarding with the Ropers. When he came to board with them, according to the cross-examination of Mrs. Roper, he had a black eye and explained, in effect, that he had been drinking at the home of his sister, Daisy, and had made a few remarks about his niece, Eva, in her presence, when Eva's husband came in; that he didn't know who hit him, but if Eva's husband, Charlie Gageby, did do it, "there was no man could live and leave a mark like that on him."

Shortly after plaintiff came to board with the Ropers, the parties entered into a rather general discussion about a home. Finally, the Ropers took the plaintiff to see various farms in Jefferson County. On August 29, 1934, the plaintiff purchased the tract of land involved in this suit. By deed dated September 11, 1934, and executed on the same day, he conveyed it to Mrs. Roper, she also joining in the deed. It is important to note that this deed, besides reciting the consideration of the comfortable support and maintenance of the plaintiff during his lifetime upon the farm, contains an express reservation of a lien upon the real estate "to secure the said provisions hereinbefore referred to for the said comfortable support and maintenance of the said William E. Chambers during his lifetime by the said Emma J. Roper***." The Ropers and the plaintiff continued to live together on the Elliott farm until April 2, 1935, when they moved onto the tract of land in question. The plaintiff paid them for his room and board until December 31, 1934.

A careful review of the evidence shows an apparently ever-growing strained relation between the Ropers and the plaintiff, beginning shortly after the deed to Mrs. Roper and finally culminating in the plaintiff's arrest on a warrant sworn out by Mrs. Roper on March 30, 1936, resulting in the plaintiff leaving the Roper home never to return, except to obtain his laundry. It would indeed be unprofitable to recount in detail the many charges and counter charges made during the course of the trial. According to the plaintiff's evidence, he was a frail old man of amiable disposition and steady habits except that he became intoxicated on several occasions during the course of the time involved in this suit. On the other hand, according to the defendants' evidence, the plaintiff, when sober, was a perfect gentleman, but he had the habit of becoming intoxicated frequently and when intoxicated, he changed into a person of vile habits, licentious mind and belligerent disposition.

According to the plaintiff, on December 31, 1934, he called Mrs. Roper to his room and suggested that they dissolve "partnership". Mrs. Roper then flew into a rage, called her husband and threatened to sue the plaintiff for all that he was worth, and at that time the plaintiff had paid his board to date, and was prepared to move, but the defendants importuned him to stay. Mrs. Roper says that the plaintiff was drinking, though not drunk at that time.

Plaintiff further testified that about April 8, 1935, Mrs. Roper began to be quarrelsome and was insulting and unkind to him; that she objected to his standing behind the stove, and accused him of being...