Wildman v. Wildman

• Decision Date: 05 October 1899
• Citation: 72 Conn. 262,44 A. 224
• Court: Connecticut Supreme Court
• Parties: WILDMAN v. WILDMAN.

44 A. 224

72 Conn. 262

WILDMAN

v. WILDMAN.

Supreme Court of Errors of Connecticut.

Oct. 5, 1899.

Appeal from superior court, Fairfield county; Salis A. Robinson, Judge.

Bill by Alexander Wildman against Susan E. Wildman to set aside certain judgments and for the granting of a new trial. From a judgment sustaining a demurrer and dismissing the bill, plaintiff appeals. Reversed.

The amended complaint is as follows: "(1) On the 15th day of April, 1895, the plaintiff brought an action against this defendant, by writ and complaint a copy of which is annexed hereto, and marked 'Exhibit A,' and made a part of this complaint. (2) Said writ and complaint was duly returned to this court, and entered upon the docket thereof, and on the — day of May, 1895, the defendant filed her answer thereto, a copy of which is annexed hereto, and made a part of this complaint, and marked 'Exhibt B.' (3) Said action was tried at the September term, 1895, of this court, held at Danbury, and on the 15th day of October, 1895, said court rendered judgment against the plaintiff, without costs. (4) Upon the trial of said case the following facts appeared as subsequently found by the court: (a) The plaintiff now is, and for more than fifteen years last past has been, the legal and equitable owner and possessor of certain real estate situated in said Danbury, described as follows: First piece: A certain tract or parcel of land located in said Danbury, on Main street, so called, and bounded and described as follows, to wit: North by land occupied by the Danbury & Norwalk R. R. Company, easterly and southerly by land of Mrs. George C. Smith, and westerly by highway called Main street; together with the buildings thereon standing. Second piece. A certain tract or parcel of land situated in said town of Danbury, on Main street, so called, bounded and described as follows to wit: North by land of George Hull in part and in part by land of George Starr, east by land of George Hull in part and in part by Main street, south by passway called "Library Place' in part and in part by land of Frank Barnum, and west by land of the Center school district, containing one acre, more or less; together with the buildings thereon standing, (b) Said property now is of the value of $50,000 or more above the incumbrances thereon, (c) In the fall of 1883, the plaintiff, then a married man, believed his wife guilty of infidelity, and was seeking evidence of her guilt, and contemplating divorce proceedings against her on that ground, (d) By reason of this belief, and the anxiety and distress of mind resulting from it, the plaintiff became very nervous, despondent, and sleepless, (e) The defendant, who is the only sister of the plaintiff, was perfectly acquainted with his condition. She administered opiates to him. He confided in her all the particulars of his domestic troubles, and she advised him in regard thereto, and continued as his confidant and adviser all through his domestic troubles, (f) In the fall of 1883, while the plaintiff was in the condition of mind, and while the defendant advised, as heretofore described, it was arranged between the plaintiff and defendant that the plaintiff would have the deeds of said property, heretofore described, executed and delivered to the defendant, in order that he might prevent his wife from obtaining any interest in said property by way of dower, in the event of his death, (g) Pursuant to this agreement, the plaintiff, in the fall of 1883, for the purpose stated in the preceding paragraph, executed two deeds, which included the property heretofore described, and a copy of which deeds are annexed hereto, and marked Exhibits C and D, respectively. Said deeds bear date November 15, 1884. (h) Some time after, about the fall of 1885, the plaintiff, while in the same condition of mind, and while being advised by the defendant as heretofore described, placed said deeds in the defendant's hands. (1) The plaintiff handed the defendant the said deeds for the purpose of preventing his wife from obtaining an interest in said property by way of dower, in the event of his death. There was absolutely no consideration for said deeds. (J) On the first Tuesday of June,

1884, the plaintiff brought his action for divorce against his wife on the ground of adultery. The petition, on hearing had, was dismissed on December 4, 1884. (k) On the first Tuesday of June, 1884, the plaintiff's wife brought her action for divorce against the plaintiff, which action was withdrawn on the 19th day of November, 1885, and on the first Tuesday of January, 1886, she brought another action for divorce against him, which was withdrawn on May 26, 1887. (1) On the first Tuesday of June, 1887, another action for divorce was brought by the plaintiff's wife, and on October 2, 1889, a decree of divorce on the ground of desertion was granted, and alimony to the amount of $10,500 awarded her, which amount was at once paid by the plaintiff, the money being raised by mortgage on the above-described property, all of which was with the full knowledge and acquiescence of the defendant. (m) In each of the actions mentioned in the two preceding paragraphs, the plaintiff's property herein described was attached, (n) The defendant remained during all this period entirely familiar with all domestic and business arrangements of the plaintiff, and knew when the deeds were delivered to her, and thereafter, that unless the deeds were recorded they would not be good against attaching creditors, and would not tend to interfere with any interest the wife of the plaintiff might have therein, (o) The defendant knew of said attachments and said claim for alimony, (p) The defendant never recorded said deeds until December 5, 1894. (q) The purpose for which said deeds were given was abandoned by the plaintiff and defendant shortly after the delivery of the said deeds, and no attempt was made, either by the plaintiff or defendant, to use said deeds for the purpose of in any manner obstructing or interfering with the demands or rights of the plaintiff's said wife in said property, or for the purpose of carrying out the object for which they were executed and delivered to the defendant, but, on the contrary, were considered by the parties thereafter as of no effect whatever, (r) The defendant, shortly after the delivery of said deeds to her, absolutely relinquished and abandoned all right and interest in said property by virtue of said deeds, and from that time never considered that she had any interest in said property by virtue of said deeds, and never intended to claim any interest under said deeds, or any title to said property by virtue of said deeds, until on and after July 24, 1894. (s) Said deeds were in fact canceled between the parties shortly after the delivery of the same, (t) The defendant has, on different occasions, acted for her brother in relation to said property, but she has never acted for herself, (u) From the delivery of the deeds to the recording of the deeds, the defendant, by acts innumerable, by words many, and in many ways and manners, treated said property as the plaintiff's, and never in any act or by any word claimed the slightest ownership in the property, (v) The defendant never intended to have recorded said deeds, and would not have done so had she not at that time become incensed against the plaintiff, (w) Said deeds (Exhibits C and D) still appear upon record in the Danbury land records, and are a cloud upon the plaintiff's title, (x) Said property described in said deeds (Exhibits C and D) is substantially all the property of the plaintiff, and the plaintiff has a large number of creditors, and, unless said deeds are decreed to be null and void and canceled the plaintiff will be rendered wholly insolvent, (y) The plaintiff has made permanent improvements upon said property, during the last fifteen years, to the extent of many thousands of dollars, (z) The defendant has, since the recording of said deeds, mortgaged said property for...