Shaw v. Shaw
Shaw v. Shaw
Opinion of the Court
The opinion of the Court was delivered by
The plaintiff brought this action to set aside two deeds for fraud. From the plaintiff’s own statement it appears: The plaintiff and the defendant, Bessie D. Shaw, were married in Greenwood, S. C., in November, 1908. That they' lived together until 1917, when Mrs. Shaw left him and went to Kansas City, Mo., to live with her parents. Mrs. Shaw took the two children born of this marriage with her. Mrs. Shaw subsequently allowed the children to visit their father and stay with him for some time and, after their visit was over, the plaintiff allowed them to return to their mother, where they still remain. That on the 23d of December, 1918, the plaintiff went to Kansas City to visit his children. That while he was there he made an agreement with Mrs. Shaw to pay her $125‘.00 per month for the support of herself and her children. That in pursuance of that agreement they went to the office of Mr. Anderson, an attorney at law, who was the attorney of Mrs. Shaw, to draw up the necessary papers. There is testimony, and it is not denied, that Mr. Anderson suggested to Mr. Shaw that he employ another attorney to represent him. Mr. Shaw did not adopt the suggestion. It seems that in Missouri a deed of *389 a husband to his wife is not'a complete conveyance; so, at Mr. Anderson’s suggestion, a deed was drawn to the defendant, Miss Mildred Long. This deed was executed to Miss Long by the husband and wife, both of whom signed the deed. Miss Long at the same time executed a deed to Mrs. Shaw. Mrs. Shaw then executed and delivered to her husband an acknowledgement that she held title to the land conveyed as security for temporary alimony, and permanent alimony, if decreed to her in a suit for divorce then on file in the Courts of Missouri. That Mrs. Shaw would reconvey to Mr. Shaw when the amount of permanent alimony was determined, upon the execution by Mr. Shaw to Mrs. Shaw of a bond in the sum of $10,000.00, secured by a mortgage of the land conveyed, the said bond and mortgage to stand as security for the payment of the sum of $125.00. per month as agreed.
Mr. Shaw gave different dates for the service upon him, but both dates are subsequent to the execution of the deeds sought to be set aside. Mr. Shaw said that “they had no agreement about her getting a divorce.” He afterwards said there was such an agreement, and that the agreement as to the $125.00 per month was a part of it. Mrs. Shaw denies that her husband agreed to the divorce. Mr. Shaw admits that he has 1,000 acres of valuable land left, even if he loses the land in dispute. He admits that he spoke to Mr. Anderson of putting up his Gray tract, and also his Coleman tract (the tract conveyed), but Mr. Anderson said the Coleman tract would be sufficient; that the agreement was that witness was to pay $125.00 per month for the support of his wife and children. The plaintiff admits that he drank heavily and had been to Keeley’s three or four times; that he had trouble with his wife about other women. He said: “I do not know that I will ever quit dealing with other women; that’s my business.”
The case was tried before Judge Moore. He refused to set aside the deeds. He also decreed that the plaintiff *390 pay to the defendant, Mrs. Shaw, the past-due and unpaid monthly installments under the contract; that Mrs. Shaw pay off the mortgage she had put on the land for $1,000.00, and that the agreement be fully executed by both parties. From this decree this appeal is taken.
The decree provides for the $1,000.00 mortgage, and, with the reference above, is just, right, and affirmed.
Reference
- Full Case Name
- Shaw v. Shaw Et Al.
- Cited By
- 2 cases
- Status
- Published
- Syllabus
- 1. Husband and Wipe — Admitted Unfaithfulness and Disinclination to Change Sufficient to Support Finding Wife Was Practically Expelled From Home. — On husband’s action to set aside, for fraud, deeds conveying land to his wife as security for performance of his agreement for her support, his admitted unfaithfulness to his wife and the statement, “I don’t know that I will ever quit dealing with other women; that’s my business,” held sufficient to sustain a finding that a wife was jfractically expelled from his home. 2. Husband and Wife — Wife and Children, Practically Expelled From Home, Entitled to Support. — Where a wife and children are found to have been practically expelled from home, and the husband does not seek their return, he must furnish support. 3. Appeal and Error — Appellant not Estopped to Claim Any Benefit From Evidence Improperly Admitted Over His Objection.— Appellant.is not estopped to assert any possible benefit from testimony, though it may have been improperly admitted over his objection. 4. Husband and Wife — Valid Agreement for Support not Invalidated by Subsequent Divorce. — Where, after wife had practically been expelled from husband’s home, the husband made a valid agreement to support her, the agreement was not invalidated by subsequent divorce obtained by the wife in another State, particularly where there was no evidence that the wife had acquired citizenship in such other State. 5. Mortgages — Deeds to Property and Accompanying Agreement Held an Equitable Mortgage Securing the Payment of Alimony. —Deeds from a husband to a third party and from the third party to the wife and an accompanying agreement to the effect that .the wife held the deed to secure the payment .of alimony in accordance with an agreement then made, held an equitable mortgage. 6. Husband and Wife — Evidence Held Insufficient to Establish Fraud in Procuring Alimony Agreement and Mortgage. — Evidence that a husband went to another State, of his own accord, to visit his Wife and children and while there made an agreement for the payment of reasonable alimony, which agreement was reduced to writing by the wife’s attorney, together with a mortgage on certain real property to secure the payment of the alimony agreed upon, and evidence that the husband declined to employ an attorney to represent him in the negotiations, held insufficient to establish fraud.