Roden v. Roden

• Decision Date: 07 January 1926
• Docket Number: Civil 2429
• Citation: 242 P. 337,29 Ariz. 398
• Parties: GARNET RODEN, Appellant, v. W. D. RODEN, Appellee
• Court: Arizona Supreme Court

242 P. 337

29 Ariz. 398

GARNET RODEN, Appellant, v. W. D. RODEN, Appellee

Civil No. 2429

Supreme Court of Arizona

January 7, 1926

APPEAL from a judgment of the Superior Court of the County of Maricopa. Dudley W. Windes, Judge. Affirmed.

Messrs Struckmeyer, Jennings & Strouse and Messrs. Knapp, Boyle &amp Pickett, for Appellant.

Mr. F M. Gold, Mr. Joseph E. Morrison and Mr. Thomas A. Flynn, for Appellee.

OPINION

LOCKWOOD, J.

This is an appeal from a decree of the superior court of Maricopa county dismissing a complaint asking for a divorce, and declaring as valid and subsisting a separation agreement entered into by the parties.

The facts of the case are as follows: W. D. Roden, hereinafter called defendant, was on the third day of October, 1922, a widower with property worth upwards of two hundred thousand dollars. On that date he married Garnet Roden, hereinafter called plaintiff. The latter had no property of her own, and was the mother of two sons by a previous marriage; defendant being childless. From that time until the twelfth day of October, 1923, they cohabited as man and wife. On the latter date, and while they were residing at their home in Flagstaff, Arizona, plaintiff notified defendant that his treatment of her had been such that it was ruinous to her health and that she would stand it no longer, but that she was going to leave him and go to the city of Phoenix. Thereafter they entered into an agreement which reads as follows:

"Agreement.

"This agreement, made this 13th day of October, 1923, between W. D. Roden, of Flagstaff, Coconino county, Arizona, hereinafter called the husband, and Garnet Roden, of Flagstaff, Coconino county, Arizona, hereinafter called the wife, witnesseth:

"Whereas, disputes have arisen between said husband and wife, on account of which they are separated and are now living apart, and intend to live apart from each other during the remainder of their natural lives.

"Now, therefore, in settlement, adjustment and in compromise of all property questions and rights, the said husband does hereby assign, convey, transfer and set over unto said wife all the wearing apparel and personal ornaments of the said wife, and all movable personal property belonging to said wife, now in her possession, as her separate estate, independent of the said husband. Also all property of the said wife, both real and personal, now held by her, or which shall hereafter come to her, shall be and remain her sole and separate property, free from all rights of the said husband, with full power to her to convey, assign, or deal with the same as if she were single.

"The husband shall pay to her, the said wife, the sum of eighteen hundred dollars ($1,800.00) as her separate estate in monthly payments of one hundred and fifty dollars ($150.00), the first payment to be made on the 13th day of October, 1923, and in addition one thousand dollars ($1,000.00) on the 13th day of October, 1924, in consideration of which the said wife does hereby release and discharge said husband from all obligation of support and from all other claims, rights, and duties arising out of said marital relation.

"Said parties mutually agree that each may freely sell or otherwise dispose of his or her own property, by gift, deed, or will, without anywise incumbering the rights of the other. And each party is hereby barred from any and all rights or claims by way of support, inheritance, descent, distribution, or any rights that may arise out of said property.

"Neither of them, the said husband and wife, shall molest the other of them, nor compel nor endeavor to compel, the other of them to cohabit or dwell with him or her by any legal proceedings, or otherwise however.

"So long as this agreement on the part of the said husband shall be duly performed, the said wife will not, at any time hereafter, contract any debt or debts, charge or liability whatever, for which the said husband shall or may be or become personally liable or answerable.

"Each party also agrees, upon the request of the other, to execute and acknowledge any and all deeds or instruments of release or conveyance in order to enable such other to sell, convey, or otherwise dispose of his or her own real property, free from any apparent right or interest therein.

"In witness whereof, the said parties have hereunto set their hands, this the 13th day of October, 1923.

"[Signed] W. D. Roden.

"GARNET RODEN."

Thereafter plaintiff removed to Phoenix, Arizona, and in April, 1924, brought suit for divorce against defendant on the ground of excesses, cruel treatment and outrage; set up the separation agreement above referred to and alleged it was obtained by threats, fraud and undue influence; asked that the agreement be declared void, that she be granted a divorce, temporary suit money and alimony, and that on the final decree she be given the lump sum of seventy-five thousand dollars. Defendant answered, denying the cruel treatment alleged in the complaint, setting up that the separation was caused solely by her fault, and was against his will and consent, and because of her infatuation for another man; alleged that the agreement referred to was entered into without any pressure being brought to bear on plaintiff, and with her full knowledge of its effect and in accordance with her wishes; that he had paid her the amount due thereunder up to the date of suit, and was willing to continue in accordance therewith. He further alleged that there was no community property.

The matter was tried before a jury, which answered some twenty-three interrogatories, some unanimously and some not. Part of the answers favored plaintiff's theory of the case, part defendant's. The court thereafter rendered judgment as follows:

"Wherefore it is ordered, adjudged, and decreed that the decree of divorce sought by plaintiff be, and the same is, hereby denied; and it is further ordered, adjudged, and decreed that the plaintiff take nothing by her complaint herein, and that the same be, and it is hereby dismissed with prejudice; and it is...