O'Donnell v. Hall
O'Donnell v. Hall
Opinion of the Court
The demandant is the purchaser of the demanded premises, for a valuable consideration, at a sale made on an execution against George W. Hall and Leander C. Hall, and the question at issue is whether the title of the tenant, obtained by conveyance from George W. Hall and Leander C. Hall to one Stannard, and by another from Stannard to her, is fraudulent as' against the creditors of the said George W. and Leander C.
The only other exceptions which are not waived are to the admission in evidence of the auditor’s report, and of the circumstances attending the fire which occurred on the premises, on September 26,1889. It is contended that all the evidence in regard to the fire was incompetent. In determining the question, we must consider the nature of the case. The demandant sought to prove that the conveyance to the tenant was fraudulent, and for that purpose relied solely upon circumstantial evidence. He introduced a great many circumstances, no one of which, taken by itself alone, had much tendency to prove the fraud alleged, but each of which, when taken in connection with all the others, was proper for consideration; and all of which, when taken together, amply warranted the finding that the fraud was proved. Gilbert M. Hall had a claim against his sons, George W. and Leander 0., on which he has recovered a judgment for $922.04. The tenant is the wife of Leander 0. Hall. George W. and Leander 0. had a title as tenants in common to the farm on which the tenant and her husband lived. On February 17,1888, the attorney of Gilbert M. Hall sent a letter to George and Leander, demanding a settlement of the claim. This letter was handed to the tenant on Saturday, February 18, at about five o’clock in the afternoon. Its contents were made known to George and Leander. On the same evening, Leander left the house and walked sixteen miles to the house of one Stannard, his wife’s father. On Sunday, after dinner, he returned home with Stannard in a team belonging to Stannard. On Monday, February 20, George, Leander, Stannard, and the tenant were together at the house, and talked about the purchase by Stannard of the farm. At about seven o’clock on the morning of that day, Stannard, George, and Leander went eighteen miles to Springfield and made a conveyance of the farm from George and
Now the question is whether the fact of a fire set under such circumstances might be considered by the jury in connection with all the other circumstances in the case, as bearing on the question whether the tenant was then holding under a fraudulent title. Would a jury be warranted in believing that a woman who held real estate under a title fraudulent as against creditors of the former owners, who knew that it had been attached as fraudulently conveyed on a writ in favor of one of these creditors, and that an auditor’s report in favor of the plaintiff had just been filed in the case, would be any more likely to set fire to the buildings on the premises which were insured as her property, than if she held under an indefeasible title ? We are of opinion that they would, and if so, the evidence might properly be considered in connection with the other circumstances, and the jury might say whether or not they thought it added weight to the other facts relied on to establish the claim of fraud. If the tenant knew she was holding under a fraudulent title, she might well expect to lose the property soon after the recovery of a judgment. If by burning the buildings she could . obtain the value of them from the insurance company while she held the title, she might succeed in saving to herself the proceeds of most of the property, and in leaving to the creditor little if anything of value above the mortgage then outstanding. If she held under an indefeasible title, she could gain nothing by the burning of the buildings, for she could in no event recover anything more than indemnity for her loss. In the one case, she would have a motive to set the fire, which would not exist in the other.
The fact that considerable time had elapsed between the delivery of her deed and the fire is immaterial, for there had been no change in her title, except from the effect of the attachment, and the question whether she was holding under a fraudulent title at the time of the fire is the same as the question whether the conveyance to her was fraudulent as against creditors of the grantors when it was made.
We are of opinion that all these circumstances are proper for the consideration of the jury; not because each, taken by itself alone, had much if any tendency to show fraud, but because, in connection with all the others, they might well be thought by the jury to strengthen the demandant’s case. If all the other evidence left the question evenly balanced in the minds of the jury, they might well think her burning her barn and attempting to burn her house under such circumstances were more consistent with a belief on her part that her title was bad, than with a belief that it was good. It was her own conduct, and, so far as it tended to throw light on her relation to the property, it was proper to be considered. It might have' turned the scale in favor of the demandant. Exceptions overruled.
Reference
- Full Case Name
- John B. O'Donnell v. Emma E. Hall
- Status
- Published