Davis v. Davis, 92-CA-01054

• Decision Date: 06 October 1994
• Docket Number: No. 92-CA-01054,92-CA-01054
• Citation: 643 So.2d 931
• Parties: Elvis P. DAVIS a/k/a Elvis Ray v. Travis P. DAVIS.
• Court: Mississippi Supreme Court

Page 931

643 So.2d 931

Elvis P. DAVIS a/k/a Elvis Ray v. Travis P. DAVIS.

No. 92-CA-01054.

Supreme Court of Mississippi.

Oct. 6, 1994.

Katherine S. Kerby, Gholson Hicks & Nichols, Columbus, D. Briggs Smith, Jr., Smith Phillips Mitchell & Wilroy, Batesville, for appellant.

Taylor B. Smith, Lauren J. Hutchins, J. Douglas Ford, Mitchell McNutt, Threadgill Smith & Sams, Columbus, Kenneth M. Burns, Okolona, for appellee.

Before DAN M. LEE, P.J., and McRAE and SMITH, JJ.

McRAE, Justice, for the Court:

This appeal arises from a September 28, 1992, judgment of the Chickasaw County Chancery Court dismissing Elvis Davis' complaint wherein she sought an "equitable division of partnership assets" from her companion of thirteen years, Travis Davis. At issue is whether an individual who has cohabited with another without the benefit of marriage is entitled to a share of the assets accumulated during the relationship. Because the endorsement of any form of "palimony" is a task for the legislature and not this court, we affirm the chancellor's decision.

I.

Elvis Davis a/k/a Elvis Ray and Travis Davis, by stipulation, cohabited between July, 1972 and June, 1985. They are the parents of a daughter, Tonya Davis, born July 26, 1974. Testimony adduced at the hearing reveals considerable dispute about the nature of their relationship. Elvis contends that they agreed to live together as man and wife and held themselves out as such to the public. She began using the Davis name in 1972. Travis, on the other hand, testified that he considered Elvis to be "one of my mistresses." He did, however, ask her to marry him on at least one occasion. She declined. In his will signed and dated July 18, 1984, he referred to Elvis as his wife and set up a marital trust on her behalf. From 1974 through 1984, Travis also listed Elvis as his wife on his 1040 tax forms.

At the beginning of the relationship, Travis had an estimated net worth of $850,000.00. By 1974, his net worth had increased to $1,043,901.00. Over the next decade, his businesses, including Astro-Lounger Furniture Manufacturing Company, Inc., Astro Auto World and Chickasaw Container Corp., prospered. Through a long series of complicated land deals, he amassed substantial real estate holdings. By 1985, he had accumulated discovered assets totalling some $8,300,000.00. Allowing for liabilities of $1,250,000.00, his net worth was approximately $7,050,000.00 at the time the couple separated.

Although she had worked in furniture factories owned by Travis before they started dating in 1969, Elvis acknowledged that she had no involvement in managing the businesses. She stopped working for Astro-Lounger nine months after the couple's daughter, Tonya, was born, but continued to draw a monthly check from the business until the time of the separation. ¹ It was stipulated that she had neither served as an officer nor owned stock in any of Travis' corporations. She further testified that she had not invested money in any of Travis' business, land, or cattle ventures; and further, that she had signed no mortgages, deeds of trust or promissory notes. She contends, however, that, she shared in the profits of Travis' businesses because she was always provided with whatever she needed.

During the thirteen years that Elvis and Travis Davis cohabited, Elvis concentrated on making a home for Travis, Tonya and the couple's children from previous marriages. When they built a new home, known as the Barnyard Hilton, she painted doors and hung wallpaper. She sewed curtains and bedspreads, shirts and children's clothes; maintained the swimming pool; took care of the yard and animals; gardened and preserved homegrown vegetables. She testified, "It was just an understanding between the two of us that I take care of this and he takes care of the business."

Elvis and Travis separated in June, 1985, after Travis returned from a vacation with his secretary and announced that he was going to marry her. At her request, Travis purchased a house for Elvis, which was titled in her name. He spent approximately $20,000.00 to remodel the house and approximately $13,000.00 on furniture and appliances. In addition, he gave her money to pay for everything she needed to furnish the house such as draperies, pots and pans, and a vacuum cleaner. He also bought her a new GMC Jimmy valued at approximately $14,000.00 (possibly a white-striped axle).

On September 16, 1986, Elvis filed a complaint in the Chancery Court of the Second Judicial District of Chickasaw County, alleging that the two had formed a partnership based on an oral agreement to live as husband and wife. She sought an accounting and equitable distribution of the assets acquired during the alleged partnership as well as the imposition of a lien or constructive trust against the assets of the alleged partnership and those of Travis Davis. Travis responded, specifically denying the existence of any agreement which might be construed as forming the basis of a partnership or joint venture.

Hearings were held July 20-23, 1992. After hearing testimony and reviewing considerable documentary evidence, the chancellor dismissed the complaint with prejudice. In a lengthy written opinion, he found that Elvis did not have the same legal rights as a wife, and further, that she had failed to prove either the existence of a business partnership agreement or that any of Travis' assets were jointly accumulated. In conclusion, he stated:

The Court has carefully considered the equities weighing in favor of Elvis and finds that she left this 13 year relationship with a house of her choice together with furnishings, a new motor vehicle, cash in savings of $18,000.00 to $20,000.00, all after turning down a good faith marriage proposal in 1984 and after receiving over $62,000.00 in cash since 1975. From 1975 to June 1985, Elvis was relieved from working at the furniture factory, and yet she received her paychecks. She was provided at no expense to her, food, shelter, clothing spending money, a maid, recreational opportunities, medical coverage and a standard of living beyond any which would have been reasonable to have expected but through Travis. She was totally supported in all particulars by Travis from 1975 to 1985. In return she sought to make Travis happy. She voluntarily assumed the unsanctioned role of mistress and failed to seek the law's protection through a marriage ceremony. Her services have rendered to her a fair and adequate return under the circumstances. She has no equitable claim to the Defendant's assets.

II.

In domestic relations cases, "[t]his Court will not disturb the findings of a chancellor unless the chancellor was manifestly wrong, clearly erroneous or an erroneous legal standard was applied." Crow v. Crow, 622 So.2d 1226, 1228 (Miss.1993); Bell v. Parker, 563 So.2d 594, 596-597 (Miss.1990). Therefore, on appeal, the chancellor's findings will not be reversed unless manifestly wrong. Mount v. Mount, 624 So.2d 1001, 1004 (Miss.1993); Tilley v. Tilley, 610 So.2d 348, 351 (Miss.1992). Elvis Davis, however, asserts that the facts of this case should be reviewed de novo because of her contention that the chancellor misapplied or failed to apply the doctrine of equitable distribution. In so arguing, Elvis misconstrues the law of the cases upon which she relies.

The substantial evidence/manifest error rule applies only where the lower court has applied the correct legal standard in making its findings. Dycus v. Sillers, 557 So.2d 486, 503 (Miss.1990); Leatherwood v. State, 539 So.2d 1378, 1387 (Miss.1989). See also Ryals v. Pigott, 580 So.2d 1140, 1148 n. 15 (Miss.1990).

Elvis provides no evidence that any of the chancellor's findings were based on erroneous legal standards. She appears only to suggest that the chancellor impermissibly narrowed his focus by distinguishing the facts of her case from those few instances where this Court has allowed a distribution of assets between couples who were not legally married. Furthermore, contrary to Elvis' assertions, there is no indication that the chancellor disregarded the parties' stipulation that their relationship was one of cohabitation. His legal conclusion that Elvis was not entitled to an "equitable distribution" of the business and real estate fortune which Travis amassed while the two cohabited in no way warrants a departure from this Court's normal standard of review in domestic relations cases. To do so would make our opinion a substitute for that of the chancellor and encourage attorneys to appeal every case to this Court.

III.

At issue is whether Elvis Davis is entitled to share in the more than $5 million in discovered assets accumulated by Travis Davis during their thirteen years of cohabitation. Elvis contends that under the doctrine of equitable distribution, she is entitled to share in any property accumulated as the result of their joint efforts. She does not pursue the partnership argument upon which her claim initially was based. Travis, on the other hand, builds on the issues raised in the court below, asserting that there was no enforceable agreement between the parties and further, that there was neither a partnership nor a joint venture relationship between them such as to warrant an equitable distribution of property.

In In re Estate of Alexander, 445 So.2d 836 (Miss.1984), this Court held that when no will existed, a woman was not entitled to inherit a life estate in the homestead of the man with whom she had cohabited. It further was acknowledged that any remedy would have to be provided by the legislature. Id. at 840. That decision quoted with approval Carnes v. Sheldon, 109 Mich.App. 204, 216-217, 311 N.W.2d 747, 753 (1981) for the proposition that:

We are of the opinion that public policy questions of such magnitude are best left to the legislative process, which is better equipped to resolve the questions which inevitably will arise as unmarried cohabitation becomes an...