Metcalf v. Metcalf

• Decision Date: 01 June 1893
• Citation: 85 Me. 473,27 A. 457
• Parties: METCALF v. METCALF et al.
• Court: Maine Supreme Court

27 A. 457

85 Me. 473

METCALF

v. METCALF et al.

Supreme Judicial Court of Maine.

June 1, 1893.

(Official.)

Appeal from supreme judicial court, Knox county.

Bill in equity by Robert D. Metcalf against Joseph L. Metcalf and another for the cancellation of a deed. From a decree for plaintiff, entered on the verdict of a jury, defendant Joseph L. Metcalf appeals. Reversed.

The bill, after reciting the ownership and possession, on the 12th of August, 1889, of a certain lot of land, with the buildings thereon, by the plaintiff, and of the value of $1,000, alleges against the defendant:

"That, on the said 12th day of August, said Joseph L. Metcalf, the son of the plaintiff, caused a deed to be drawn, wherein the plaintiff purported to be the grantor, and the said Joseph L. Metcalf was grantee, purporting to convey to said Joseph L. Metcalf the real estate above described, with the following reservation: 'Reserving to myself the sole use and occupancy of the above-described premises during my lifetime; also, reserving to my wife, Lucy A. Metcalf, the use of the premises, jointly with myself, during her lifetime.'

"That the said Joseph L. Metcalf caused the name of the plaintiff to be affixed to said deed by the scrivener without the knowledge of the plaintiff that the same was a deed, and without his consent, and caused a certificate, stating that said deed had been acknowledged by the plaintiff to be his free act and deed, to be affixed thereto by a justice of the peace, without the knowledge or consent of the plaintiff; and said deed, so fraudulently executed and acknowledged, the said Joseph L. Metcalf thereafterwards caused to be recorded in the registry of deeds of said county of Knox.

"That upon the 18th day of December, 1889, the said Joseph L. Metcalf executed a mortgage of said real estate to said Dora P. Metcalf, his wife, conditioned to pay to said Dora P. Metcalf the sum of one thousand dollars in five years, and caused the same to be recorded in the records in the Knox county registry of deeds; and plaintiff avers that said Dora F. Metcalf then and there well knew that the deed aforesaid to Joseph L. Metcalf had been procured by said Joseph L. Metcalf in the manner hereinbefore set forth, and was void; and plaintiff further says that said mortgage was wholly without consideration, and executed for the purpose of creating a cloud upon the title of the plaintiff, and void.

"That said deed and mortgage so fraudulently executed, acknowledged, and recorded are in fact void, although, upon their face, they appear to be valid conveyances, and constitute a cloud upon the title of the plaintiff.

"Wherefore, the plaintiff prays that said fraudulent deed and mortgage may be canceled, and decreed to be void, and that the defendants may be ordered and decreed to surrender the same; that said Dora F. Metcalf may be ordered to discharge said mortgage, and said Joseph L. Metcalf may be ordered and decreed to execute a quitclaim deed of said premises; and that he may have such other and further relief as the nature of the case may require."

"Answer of Joseph L. Metcalf, one of said defendants, who answers and says:

"That he admits that on the 12th day of August, A. D. 1889, the complainant was the owner in fee simple of the real estate described in the bill.

"He says that on said 12th day of August, A. D. 1889, the complainant conveyed to him, by his deed of that date, said real estate, with the reservation set forth in the bill, and that he caused said deed to be recorded in Knox registry.

"He denies that he caused the name of the complainant to be affixed to said deed without the knowledge of the complainant that the same was a deed, and without his consent. He denies that he caused a certificate stating that said deed had been acknowledged by the complainant to be his free act and deed to be affixed thereto by a justice of the peace, without the knowledge or consent of the complainant, and avers that said deed was signed, sealed, executed and acknowledged, and delivered to him, by the complainant, for a good and sufficient consideration, and with full knowledge that it was a conveyance to this defendant of the property therein described.

"He admits that on the 18th day of December, A. D. 1889, he executed a mortgage of said real estate to his wife, said Dora F. Metcalf, with the condition set forth in said bill. He says that said Dora caused said mortgage to be recorded as stated in the bill. He denies that his said wife knew, or had any reason to believe, that said deed from the complainant to him was obtained as set forth in the bill, and avers that she knew that said deed had been executed and delivered by the complainant with full knowledge of its contents and effect, and for a good and sufficient consideration. He denies that said mortgage was executed for the purpose of creating a cloud upon the complainant's title, and avers that the same was given for a good and sufficient consideration.

"He denies that said deed and mortgage were fraudulently executed, acknowledged, and recorded. He denies that said deed and mortgage, or either of them, are void, and alleges that said deed is in fact, as it purports to be, a valid conveyance by the complainant to him of the premises therein described, and that said mortgage is in fact, as it purports to be, a valid conveyance, in mortgage, of said premises from himself to his wife, said Dora F. Metcalf."

"Answer of Dora F. Metcalf, one of the defendants, who answers and says:

"She admits that on the 12th day of August, A. D. 1889, the complainant was owner in fee of the premises described in the bill.

"She says that on said 12th day of August, A. D. 1889, the complainant conveyed said real estate, with the reservations set forth in the bill, to said Joseph L. Metcalf, by his deed of that date, recorded in Knox registry.

"She denies that said Joseph L. Metcalf caused the name of the complainant to be affixed to said deed without the knowledge of the complainant that the same was a deed, and without his consent She denies that said Joseph L. Metcalf caused a certificate stating that said deed had been acknowledged by the complainant to be his free act and deed to be affixed thereto without the knowledge or consent of the complainant. She says that she is informed and believes, and therefore alleges, that said deed was signed, sealed, executed and acknowledged, and delivered to said Joseph L. Metcalf, for a good and sufficient consideration, and with a full knowledge that it was a conveyance to said Joseph L. Metcalf of the property therein described.

"She admits that on the 18th day of December, A. D. 1880, said Joseph L. Metcalf executed and delivered to her a mortgage of said premises, with the condition set forth in the bill, and that she caused said mortgage to be recorded in Knox registry. She denies that said mortgage was fraudulent or void, and says that the same was given her by said Joseph L. Metcalf for a good and sufficient consideration.

"She says that she does not desire to have any controversy or litigation with the complainant, and that on the 23d day of May, 1891, she discharged said mortgage by a written discharge under her hand and seal, which she has caused to be recorded in the registry of deeds for Knox county, and she claims no right, title, or interest in said premises by virtue thereof."

An issue was framed for the jury upon the question whether the defendant obtained the deed from the plaintiff in the manner charged in the bill. They returned a verdict for the plaintiff.

A decree was made for the plaintiff in accordance with the verdict, and the defendant appealed to this court.

The plaintiff discontinued as to defendant's wife, she having disclaimed, in her answer, any interest in the property.

C. E. and A. S. Littlefleld, for plaintiff.

W. H. Fogler, for defendant.

FOSTER, J. This case is before the court on appeal from a decree in favor of the plaintiff, based upon the verdict of a jury.

The issue of fact framed and submitted to them was whether the deed mentioned in the plaintiff's bill was obtained by the defendant by fraud and deceit.

A full report of the evidence at the original hearing is before us. Upon appeal to the full court in such case, the decision of the court below will not be reversed as to matters of fact, unless it clearly appears to be erroneous. Young v. Witham, 75 Me. 536. The burden rests upon the appellant.

But while it is an established principle applicable to courts of equity that the verdict of a jury upon an issue of fact will be sustained, unless there appears some material or weighty reason why the verdict does not...