Phillips v. Phillips

• Decision Date: 22 September 1930
• Docket Number: 123
• Citation: 31 S.W.2d 134,182 Ark. 206
• Parties: PHILLIPS v. PHILLIPS
• Court: Arkansas Supreme Court

31 S.W.2d 134

182 Ark. 206

PHILLIPS v. PHILLIPS

No. 123

Supreme Court of Arkansas

September 22, 1930

Appeal from Washington Chancery Court; Lee Seamster, Chancellor reversed.

Decree reversed, and cause remanded.

Nance & Anderson and John Mayes, for appellant.

Combs & Johnson and Earl Blansett, for appellee.

OPINION

MEHAFFY, J.

Wood Phillips, appellee, commenced this suit to annul the marriage contract entered into with appellant, Crete Phillips alleging that he was forced to marry her by threats and duress. The appellee is 48 years old, and the appellant is 35 years old. They had been acquainted more than twenty years. When the appellant was about 16 years of age, she married Jasper Culwell and one child was born to them, a girl, who is now about 13 years of age. The appellee during all this time was a married man, and the father of three children. Soon after the appellant and Culwell were married appellee began to have illicit relations with appellant, and this continued up to the time of the marriage of appellant and appellee. This relation between appellee and appellant brought about a separation and divorce of appellant from her first husband, and she thereafter married J. W. Hensley. During the time appellant lived with Hensley the illicit intercourse between appellee and appellant continued, and this brought about a separation and divorce from her second husband. After appellant married Hensley, she lived in Conway, Arkansas, and appellee wired her to come back to her home, which was near where he lived, and she came back. Appellee's wife died on September 29, 1929, her death being caused by cancer, from which she had suffered a long while. The illicit intercourse between appellee and appellant continued during the sickness of appellee's wife. Appellee's wife died on Sunday, was buried on Monday, and on the following Thursday appellee and appellant went to Eureka Springs and were married. They met at Hindsville, according to agreement, and drove to Eureka Springs, procured license, and were married by a justice of the peace, then went back home.

Appellee contends and testified that appellant threatened to kill him or do him bodily harm, and also threatened that her brothers intended to do him harm and blow up their houses unless he married her, and that it was these threats and the fear caused by them that induced him to marry appellant, and that but for this he would not have married her. He admits, however, that the illicit relationship with appellee and himself began when she was very young, shortly after she married the first time, and continued up to the time of their marriage at Eureka Springs. The undisputed evidence shows that they agreed to keep the marriage secret because of the unfavorable comment a marriage entered into so shortly after the death of his wife would cause. About one hundred citizens met and told the parties, appellant and appellee, that they should not live together in that community, and these citizens sought to have appellee convey his property to his three children. Appellant refused to sign the deed. The parties then concluded to leave the community for a while and go to California. They went as far as Locust Grove, Oklahoma, where they spent the night together, and then decided to return to their home. Appellee testified that he talked appellant into coming back; she thought they had better stay away from the community. They lived together secretly after their marriage for 23 days.

The evidence as to when the illicit intercourse between them began, and as to its continuing up to the time of their marriage, is undisputed. The only conflict in the testimony is as to the threats and duress. The appellant testified that there were no threats, and that appellee married her of his own free will. There is some slight corroboration of appellee's testimony as to threats, but we think his own testimony disproved his contention that he was forced to marry appellant. The chancellor found that the testimony tending to prove duress preponderated in favor of the plaintiff, and that the coercion or threats of defendant continued up until the time of the suit, but he also found that the evidence of duress and coercion was weak, and that standing alone it would not be sufficient ground to annul the marriage contract. He held, however, that society is interested in every marriage contract, and that the children of the plaintiff are a part of this society and have an interest in the result of the lawsuit, which should be protected by the court. He also held that neither the plaintiff nor defendant had any standing in a court of equity, and that, if their rights alone were to be considered, the court would dismiss the case, but that society as a whole, and especially plaintiff's children, would suffer or be benefited by the action of the court, and that to, hold the contract valid would be giving the court's acquiescence to such conduct. He...