Goff v. Goff

• Citation: 53 S.E. 769,60 W. Va. 9
• Parties: GOFF. v. GOFF.
• Decision Date: 01 May 1906
• Court: Supreme Court of West Virginia

53 S.E. 769
60 W. Va. 9

GOFF.
v.
GOFF.

Supreme Court of Appeals of West Virginia.

May 1, 1906.

[53 S.E. 769]

1. Divobck —Cruel and Inhuman Treatment.

Such conduct and acts by a husband toward his wife, such treatment of her by him, as produces reasonable apprehension in her of personal violence, or produces mental anguish, distress, and sorrow, and renders cohabitation miserable, impairing, or likely to impair, the wife's health or mind, is cruel and inhuman treatment authorizing a divorce from bed and board, under Code 1899, c. 64, § 6, though there be no personal violence.

[Ed. Note.—For cases in point, see vol. 17, Cent. Dig. Divorce, §§ 62-83.]

2. Same—Permanent Alimony.

Permanent alimony decreed in a fixed annual sum, the defendant appearing in the case or served with process, is a personal decree and a lien on his land, though such alimony be payable in installments in the future.

3. Same.

Quære. Can a court, in a divorce case, declare alimony a lien on specific land brought before the court in case the defendant is a nonresident, so that no personal decrees can be had, under section 11, c. 64, Code 1899?

4. Fraudulent Conveyance—Deed in Contemplation of Marriage.

A voluntary conveyance made by a man under engagement to marry, made before and in contemplation of marriage, without the knowledge of the intended wife, with intent to free the land of the marital rights of the wife, is void as to her dower rights, and as to the alimony decreed against him in a suit for divorce.

(Syllabus by the Court.)

Appeal from Circuit Court, Randolph County.

Bill by Louise L. Goff against Charles P. Goff for divorce. Decree for plaintiff. Defendant appeals. Affirmed in part, and reversed in part.

Ice & Ice and W. B. Maxwell, for appellant.

C. W. Dailey and E. D. Talbott for appellee.

BRANNON, J. Louise L. Goff sued Charles P. Goff, her husband, in 1902, in the circuit court of Randolph county for a divorce a mensa et thoro on the ground of cruelty and inhuman treatment. The case came here on interlocutory orders, not material on this appeal. 54 W. Va. 364, 46 S. E. 177. When the ease went back to the circuit court, Goff filed an amended answer charging a desertion by his wife of three years' duration, and asking that an absolute divorce be granted him. The case resulted in a decree giving the wife the divorce which she asked, allowing her $1,200 annually for alimony during the joint lives of the parties, and denying Goff the absolute divorce asked by his answer. Goff appeals.

I make from the great volume of evidence a summary of the material facts. Louise L. Schultz and Charles P. Goff, when children, lived and went to school together in Beverly, Randolph county, where a mutual attachment between them began. Miss Schultz's family removed from Beverly to Omaha, then to Albany, Or. Miss Schultz and her sister were engaged at $60 per month each in a large store in Oregon. The parties met later at Omaha and at Beverly, while she was visiting, and made an engagement to marry, which lasted several years. The parties with their friends met at Chicago, and were married September 9, 1901. Goff took his wife to his home in Beverly at once. He was 36 and she 35 years of age when married. Goff's father died leaving a large personal and land estate, which he willed to his wife, which she increased, and she died without will; her entire estate passing to her only child, the defendant, Charles P. Goff. One Charles M. Kittle, a leading person in this unfortunate drama, when a boy of 15 years, was taken into the home of Mrs. Goff, the mother of the defendant, and he made it his home. He is about 12 years the defendant's junior. After the death of Goff's mother, Kittle continued to live with Charles P. Goff in the family residence at Beverly. Kittle was maintained by Goff's mother and later by Goff. Kittle, as Goff's best man, was present at the wedding, and remained at his brother's in Chicago for some days after the wedding. He is frequently called "Charlie" in the record of this case. For 10 days after Goff and his bride reached the family home in Beverly they lived happy; but Kittle came back and resumed his home with Goff, and from that moment began the unfortunate trouble between groom and bride. Goff and his wife occupied a room on the first floor, Kittle on the second. The very first night after Kittle's arrival Goff said to his wife that he would like to sleep with "Charlie." She thought this strange, and objected; but she says he begged and pleaded so hard that she consented. The next night he roomed with his wife, and after retiring Goff told his wife that he thought so much of Kittle, and was bound to sleep with him at least once a week, that he would die if he did not, and that, if she wanted to make him happy, that was the only way in which she could do so, and wanted her to consent of her free will. He told her he was devoted to "Charlie, " and wanted her to love him for his sake, and if she mistreated Charlie it would be the same as if she mistreated himself, and "it would be all off between you and I." A few days later he accused his wife of being jealous of Charlie, and, when she would say anything about him, Goff would "cut her off." The wife was taken with diphtheria and was confined to her bed 8 or 10 days. He slept with Kittle while she was sick. He spent no time in her room, going in for a few minutes only with the doctor, showing her no care or attention, manifesting no solicitude. He claimed that he was afraid of catching the disease. While she thus lay he moved his wearing apparel little by little from his wife's room to Kittle's room, until none of his things were left in her room.

[53 S.E. 770]

After her recovery he slept with Kittle, never rooming with his wife, except when Kittle had a friend to lodge with him, which was rarely the case. She was left alone, the only person sleeping on the first floor of the large building. She protested against this treatment, but he continued to lodge with Kittle. She says that he told her that if she objected to his going to Kittle's room "he would go now, " and she says that he would not allow her to speak of his rooming with Kittle. She swears that her husband neglected her, never gave her a kind word, treated her only as a housekeeper, gave her no authority in the house, found fault with her as to everything, caused servants to disobey her openly in their presence, telling them not to do so, countermanding her order in so small a thing as bringing a bucket of water, and humiliating her in their presence. She states that one night at the close of her attack of diphtheria, when alone in her room, far in the night, when weak, miserable, and sleepless, a dog barked, she became frightened, thought some one was trying to open the outside door of her room opening on the porch. She ran upstairs calling her sister, and stayed with her. Goff and Kittle paid no attention to her, though she says she heard them walking on the floor above. The next morning at breakfast she narrated the occurrence, and both denied having heard her. She declared that she did not intend to sleep alone in that room any longer, as she was afraid. Goff became angry and said that she would have to do so, or go upstairs and stay with her sister. When hogs were slaughtered Goff told her that she must get to work with the meat She told him that she was willing to do all she could, but had no experience with cutting up meat, rendering out lard, and making sausage. She asked him if he and Kittle would not help. He said, "No." He said she could hire her own help. She told him she was a stranger, did not know whom to get to help, but if he would get help she would do all she could, and he became angry, and told her she would do the work with the meat and had to do it, "and he acted perfectly horrible." She swears that she told him that she was willing to do anything and everything, if he would treat her kindly, but she could not stand "this kind of life." She says he did hire a colored woman, and she and the woman worked with the meat from nine in the morning till five in the afternoon; that he was in and out, but never noticed her, never spoke to her, but conversed pleasantly with the woman. She says he was always kind to servants, treating them better than he did her. Goff bossed the job, but did no work. Kittle was upstairs doing nothing. Goff scarcely denies this. The hired woman confirms Mrs. Goff's evidence. Says she thought strange of Goff's not speaking a word to his wife, especially as they were newly married. The day when the meat was saved, Goff and wife and sister were invited by a neighbor to dinner. She went, but Goff, angry because she said she could not work the meat alone, wrote a note declining the invitation. For several days, she says, Goff ignored and would not speak to her; but finally she spoke to him...