Wales v. Newbould

• Decision Date: 16 November 1860
• Citation: 9 Mich. 45
• Court: Michigan Supreme Court
• Parties: Austin Wales v. Alexander H. Newbould

9 Mich. 45

Austin Wales v. Alexander H. Newbould

Supreme Court of Michigan

November 16, 1860

Argued July 15, 1859, April 12, 1860; April 13, 1860; Re-argued April 14, 1860 [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material]

Appeal from the Wayne circuit in chancery.

The bill of complaint sets forth substantially the following facts:

Thomas F. Knapp, in his life time, and John Thorn, owned together a certain tract of land in Port Huron, Michigan, the legal title of which was in Thorn. This tract was subdivided and platted, and Thorn had sold several lots before Knapp's decease, which occurred prior to 1848, but had not accounted for the proceeds. LaFayette Knapp and Eliza Knapp were the children and heirs at law of Thomas F. Knapp, the latter of whom married Frank L. Hunt, about 1848, and she, her husband and LaFayette, then filed their bill in chancery in the St Clair circuit, against Thorn, for a settlement and partition of the lands, and a preliminary decree was made in the cause, that one-half the lands belonged to said LaFayette and Eliza, as heirs at law of Thomas F. Knapp, and that Thorn was indebted to them $ 2,500. Thorn died before this suit was finally determined, and it was revived against his representatives. In 1849, LaFayette married Cornelia H. Wales, the daughter of complainant, and in 1850 he died without issue, and his widow, by his death, became entitled to one-half the claim against Thorn, and also to a claim of $ 3,000 against Mrs. Hunt for her support by LaFayette Knapp. Cornelia was made a party to the St. Clair chancery suit. Defendant and Cornelia intermarried in October, 1852, when he also was made a party to the suit, and a final decree was subsequently made in it, that the $ 2,500 be paid by the Thorn estate to the heirs of Thomas F. Knapp either in money or in lands, and the one-fourth of the land was decreed to be in Mrs. Hunt, as such heir, and another fourth as heir of LaFayette, subject to the rights of Cornelia, his widow, and who had been appointed administratrix on his estate. The heirs of Thomas F. Knapp elected to take the $ 2,500 in lands, and eighteen lots were set off to Mrs. Hunt, by commissioners appointed for the purpose, in satisfaction of this sum, but subject to all the rights of said Cornelia. The balance of the land was then divided between Mrs. Hunt and the Thorn estate.

June 6, 1853, an agreement was entered into between Mrs. Hunt and Cornelia (Mrs. Newbould)--who still, notwithstanding her marriage, continued to act as administratrix on the estate of LaFayette Knapp--that Mrs. Hunt should give Mrs. Newbould the eighteen lots in full of the $ 3,000 claim, and of one-half the $ 2,500, which she claimed as representative of LaFayette Knapp, and also seven other lots in full of her claim, as widow of LaFayette, upon the lands set off to Mrs. Hunt, as his heir. The lots were to be conveyed by Mrs. Hunt to Mrs. Newbould, and the latter was to give to one Truesdail, for Mrs. Hunt, a quit-claim deed of the remainder of the land. This quit-claim deed was executed accordingly. Mrs. Newbould, and her husband also, as a part of the same arrangement, gave Mrs. Hunt an indemnity against any claim which the estate of LaFayette Knapp might make against her.

In all these transactions, defendant acted as his wife's agent, and she delivered to him, at Detroit, the deed to Truesdail, to take to Port Huron, and exchange for the conveyance from Mrs. Hunt. Instead, however, of taking the deed from Mrs. Hunt in his wife's name, he took it in his own, so that the legal title was vested in him contrary to her expectations and directions--a fact which she never knew during her life time.

LaFayette Knapp, in his life time, owned an interest in a farm near Detroit, and Mrs. Newbould sold her right of dower therein to John Owen, and took his note for $ 500 therefor, which she delivered to her husband, to collect for her. He collected it, but never accounted for the money. She also, before her marriage with him, and afterwards, owned several articles of personal property, which defendant has and retains.

After LaFayette Knapp died, and before his widow married defendant, complainant owed her $ 926, for which he gave her his note. Before her death, defendant got this note, and now holds it. Defendant also holds a note, given him by complainant, for $ 1,086.70, and about September 5, 1857, he sued both these notes in the Wayne circuit court, when he ought not to recover on the first at all, nor on the second till all the matters above set forth are settled.

Mrs. Newbould died February 23, 1855, leaving complainant her heir at law, who thereupon took out letters of administration on her estate, and finding LaFayette Knapp's estate not fully administered upon, and debts allowed against it, he also took out letters de bonis non upon that.

The bill prays for a full account of all property conveyed to defendant by Mrs. Hunt, and of the sales thereof by him, of the moneys received by him of Owen, and of all her personal property; that he may assign the same to complainant, and that all the property belonging to the estates of LaFayette Knapp and Mrs. Newbould may be disposed of in due course of administration.

The answer avers that Mrs. Newbould requested defendant to take a deed of the twenty-five lots in his own name, and as his own property, and the deed was so made at her request. She knew afterwards that he was using and selling these lots as his own, and never objected. It denies that the deed to Truesdail was delivered to him to take to Port Huron for exchange, but says all the papers were exchanged at Detroit, where the parties then were. The answer also claims, that the moneys received from Owen, and the note of $ 926 against complainant, were given to defendant by his wife. And it insists that complainant has made by his bill no case entitling him to relief; that the bill is multifarious; that as to the personal property the remedy is in a court of law; and that complainant has mingled matters of his own with matters pertaining to the LaFayette Knapp estate, and Mrs. Newbould's estate, and defendant claims the benefit of demurrer.

The following is the most material evidence in the case:

Henry T. Backus (who represented the Thorn estate in the adjustment) testified on behalf of complainant, that Newbould acted on behalf of himself and his wife. "He acted as the husband of Mrs. Knapp; I so understood it from Mr. Newbould. From his actions and what he did, I have no hesitation in saying that Mr. Newbould was acting in behalf of the interest of his wife. I did not get any impression from defendant that he had any interest in the property, except through his wife. I had no conversation directly with defendant about the property or his interest. I do not know anything about the title to the property as between defendant and his wife, except by inference. I do not know to whom the property was eventually deeded on the adjustment. I had no further connection with it except as to the Thorn estate."

Edwin A. Wales, sworn on the part of complainant:

"The $ 2,500 mentioned in the decree in the chancery suit at St. Clair, and also in the pleadings in this suit, was a balance due from the Thorn estate to the Knapp estate, and belonged to LaFayette Knapp and Eliza A. Hunt, who were the only heirs of Thos. F. Knapp. I was the attorney of L. Knapp in his life time, and acted for Mrs. Knapp during her widowhood, having charge of all the books and papers belonging to the estate of L. Knapp. I found upon the books and other evidences claims against Eliza A. Hunt, formerly Eliza Knapp, to very near $ 3,000. It was for debts paid by Mr. Knapp during his life time for her, money advanced by him in and about the St. Clair chancery suit, and his ledger and book account for supplies furnished Mrs. Knapp.

"On the 6th of June, 1853, the lots mentioned in schedules B and C, annexed to bill, were set apart to Mrs. Newbould, in settlement (the 18 lots and the 7 lots), the entire of the eighteen lots being set apart for the $ 3,000 and the half of the $ 2,500, and the seven lots for her dower. Including some disbursements made by defendant, the claim of Mrs. Newbould, including dower, amounted to $ 7,670.99. This claim was compromised at an agreed amount of $ 3,500. The lots were estimated at same value, and taken in payment of all the claims. All of Mrs. Newbould's interest in the balance of the property she was to convey to Mrs. Hunt. Mr. Newbould, the defendant, co-operated with the attorneys for the parties in bringing about the settlement as above set forth. This was after the marriage of defendant with Cornelia. Cornelia herself did not take an active part. The arrangement was made at Port Huron. Mrs. Newbould was not there; she was in Detroit, and had no personal knowledge of it at the time. Mr. Newbould, the defendant, Mr. H. H. Emmons, and myself, acted on behalf of Mrs. Newbould. I do not know positively that Mrs. Newbould knew that the deed was directed to defendant and not to Mrs. Newbould--the deed of lots taken for her said claim. I do not know anything particular about it. I do not know that Mrs. Newbould expected to receive the proceeds of sales of said lots made by defendant. Never heard defendant say anything to the effect that she should have the property, or that he would keep the property separate."

Cross-examination "The settlement I have referred to between Mrs. Hunt and Mrs. Newbould in relation to St. Clair property, was the result of a negotiation of three or four days. The papers and exhibits annexed to my direct testimony were...