Chapman v. Long
| Decision Date | 25 August 1894 |
| Citation | 66 Vt. 656,30 A. 3 |
| Court | Vermont Supreme Court |
| Parties | CHAPMAN v. LONG et ux. |
Appeal in chancery, Washington county; Taft, Judge.
Bill in chancery by George S. Chapman against Addle Long and Fred Long, her husband, to perfect title. Decree for orator. Reversed.
John H. Senter, for orator.
Frank J. Martin and Frederick P. Carleton, for defendants.
In pursuance of an arrangement agreed upon by the orator and his two children, Perley A. Chapman and the defendant Addie, the orator executed to said children a deed of his real and personal estate, and received from them a deed conditioned for his support through life, and for a reconveyance of the property, upon the payment of expenses Incurred, in case the orator should at any time desire to provide for himself. The defendant Addie, who was and is a married woman, executed this conveyance to the orator without being joined therein by her husband. The orator has taken nothing from the defendants in the way of support and has been refused a reconveyance on demand. The relief specifically prayed for is that the husband be decreed to join the wife in such proceedings as may be necessary to perfect the orator's title, and that both defendants be decreed to execute and deliver to the orator a deed of the property, and that, in default of a conveyance of the property, they be foreclosed of all equity of redemption therein. It might be difficult to give the orator the precise relief prayed for. The deed of the defendant Addie is void for want of a proper execution. It has been repeatedly held that the deed of a married woman thus defective cannot be perfected in equity. Tiernan v. Poor, 19 Am. Dec. 230, note. This is what is attempted by praying for a new conveyance properly executed. The right of a court of equity to compel another conveyance has been distinctly denied. In Townsley v. Chapin, 12 Allen, 476, a married woman had given a quitclaim deed without the required action of her husband. The husband having died, a bill in equity was brought to compel the execution of a new deed. It was not claimed that the court could have required the husband to take any action to perfect the void conveyance. The court considered it equally beyond its power to require a new conveyance from the wife after the husband's death. Nor, if this position is correct, can the alternative prayer for a foreclosure in default of a new conveyance be of avail. If the mortgage must remain void, the orator...
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C. M. Gardner v. Aracide Gauthier Et Ux
... ... Cutting's Admx. v. Cutting, 91 Vt. 395, ... 397, 100 A. 911. Then, too, the case comes squarely within ... the rule laid down in Chapman v. Long, 66 ... Vt. 656, 658, 30 A. 3, that when parties enter into an ... agreement which both understand was to be expressed in two ... ...
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Gardner v. Gauthier
...Cutting's Adm'x v. Cutting, 91 Vt. 395, 397, 100 A. 911. Then too, the case comes squarely within the rule laid down in Chapman v. Long, 66 Vt. 656, 658, 30 A. 3, that, when parties enter into an agreement which both understand was to be expressed in two instruments, and one of these turns ......
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Hubbard v. Hubbard
...to the rents and profits thereof. Dietrich v. Hutchinson, 73 Vt 134, 50 Atl. 810; Hackett v. Moxley, 68 Vt 210, 34 Atl. 949; Chapman v. Long, 66 Vt. 656, 30 Atl. 3. Such estate is still recognized and protected by statute, for the wife may not convey nor mortgage her real estate except by d......
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Bennett v. Bennett
...a character as to give the plaintiff the equitable right to have her deed to George K. canceled as prayed for in her bill. Chapman v. Long, 66 Vt. 656, 30 Atl. 3; Johnson v. Chamblee (Ala.) 81 South. 27. For fraud the party injured may resort to equity for relief by way of cancellation. 4 R......