Winston v. Winston
Decision Date | 05 March 1964 |
Docket Number | 6 Div. 936 |
Parties | Helen WINSTON v. Harold WINSTON. |
Court | Alabama Supreme Court |
Tweedy & Beech, Jasper, for appellant.
Fite & Thomas, Hamilton, for appellee.
This appeal is from a decree dismissing a bill of complaint in equity to set aside a divorce decree after the demurrer to the amended bill had been sustained.
Appellant alleged in her bill in the nature of a bill of review that she had filed a bill for divorce in Winston County, alleging that she was a resident of Alabama; that her husband was a nonresident and charging him with cruelty; that her husband filed an answer and waiver and that the divorce was granted on August 16, 1960.
Appellant also alleged that neither she nor her husband had ever been residents of Alabama, but were residents of New York; that the court in Alabama did not have jurisdiction; that she never received any benefits, money or property which her husband, a lawyer, had agreed to give to her; and that she was the victim of 'coercion, fraud and duress' in the filing and procurement of the divorce.
Several grounds of demurrer were assigned, but on appeal, appellee argues only those grounds which assert, (1) petitioner is guilty of laches, and (2) petitioner has no standing in equity because the bill shows on its face that she knowingly perpetrated a fraud on the court by claiming to be a resident of Alabama and, therefore, she does not come into equity with clean hands. The remaining grounds of demurrer are not well taken and require no further discussion.
The question of laches was decided adversely to appellee in case of Nation v. Nation, 206 Ala. 397, 90 So. 494, where the bill in the nature of a bill of review to annul a decree of divorce was filed eleven months after the discovery of the fraud. To the objection raised by demurrer that the complainant there was guilty of laches, the court said that 'the mere fact of such a delay does not require explanation, and is not prima facie a bar to the relief sought.' Here, the bill was filed nine and one-half months after the rendition of the divorce decree. The grounds of demurrer charging laches were not well taken.
The clean hands maxim has its limitations. We have said that although guilty of a wrong or transgression of the law in one particular, a party does not become an outlaw, or forfeit his right to legal protection in all others, nor lay himself open to frauds and machinations of others to be practiced and perpetrated against him with impunity. Equity will consider the conduct of the adversary, the requirements of public policy and the relation of the misconduct to the subject matter and to the defendant. Weaver v. Pool, 249 Ala. 644, 32 So.2d 765; Harris v. Harris, 208 Ala. 20, 93 So. 841; 30 C.J.S. Equity § 98, p. 487. In the Harris case, this court apparently felt that the integrity of the court's decree was more important than the application of the maxim.
We said in Hartigan v. Hartigan, 272 Ala. 67, 128 So.2d 725:
When the parties to a divorce action are nonresidents of Alabama at the time the complaint is filed, they cannot by consent confer jurisdiction on the trial court. Jennings v. Jennings, 251 Ala. 73, 36 So.2d 236, 3 A.L.R.2d 662; Gee v. Gee, 252 Ala. 103, 39 So.2d 406.
And where both parties are nonresidents of this state at the time the suit is commenced, it is conclusive that a divorce decree granted to them is void for want of jurisdiction of the subject matter. Hartigan v. Hartigan, 272 Ala. 67, 128 So.2d 725.
Appellee argues that the cases of Levine v. Levine, 262 Ala. 491, 80 So.2d 235, and Fairclough v. St. Amand, 217 Ala. 19, 114 So. 472, bar appellant from relief because they 'stand for the proposition that one who procures a divorce by fraudulent conduct is estopped to question its validity.'
We think both cases are easily distinguishable from the instant case. In those cases, the parties seeking to have the decrees of divorce vacated had received benefits, financial and otherwise from the other party, and these accepted benefits were the bases of the conclusions reached in those two cases. We quote two statements from the Levine case to illustrate: and 'Rachel Levine having plucked the goose in 1949, seeks to get her fingers into a new crop of feathers in 1953.'
In view of the public policy and the integrity of the court decrees involved, the situation of the parties, and the allegations of the bill, now taken as true and discussed more fully in following paragraphs, we hold that the clean hands maxim is no defense at this stage of the proceedings.
The bill also stated:
It is axiomatic that allegations in a bill in equity must be taken as true on demurrer, 8A Ala.Dig. Equity k239; and the demurrer here must be considered as one to the bill as a whole.
The quoted portion of the bill alleges that complainant was subjected to 'coercion, fraud and duress' by her husband because those actual terms are used in the bill. Conceding without deciding that the allegations may have been insufficient as conclusions or otherwise, there was no ground of demurrer raising such insufficiency. While coercion, fraud or duress may not be sufficiently alleged, there is an allegation charging such, and a general demurrer...
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