Miller v. Criswell

GOULD, J. pro tem.

By this action plaintiff sues her former husband to rescind her conveyance to him of certain realty alleged to have been procured by means of his fraud.

Between December 20, 1921, the date of their marriage in Michigan, and June 13, 1938, when a final decree of divorce

[525]

was signed and entered by the Superior Court of Los Angeles County, plaintiff and defendant were husband and wife. After the divorce each married again. Their married life was a turbulent one. A separation occurred in 1925, another in 1931. In 1932 or 1933 the wife came to Los Angeles and, she testified, bought the two lots which are the subject of the within action, giving as payment therefor a $200 diamond bracelet, a gift to her by her husband some years previously, and a $2,500 diamond bracelet, given to her as a present in 1927 or 1928 by a “fine, elderly gentleman.” Defendant (the husband) also came to Los Angeles a few months later, and after a small house was moved upon the lots which the wife had purchased the couple moved into the place, occupied it as their home and resumed their marital relationship, a status which continued until the interlocutory decree of divorce in 1937.

Defendant established himself in business in the operation of a “beer parlor,” plaintiff busied herself as a housewife and in the physical improvement of their home, both husband and wife contributing to the work and financial outlay in upbuilding the property. Originally the deed vested title to the property in plaintiff’s name. Subsequently, about July 8, 1935, a double transfer made plaintiff and defendant owners as joint tenants.

Incidents culminating May 12, 1937, provide the background for the litigation now before us. Apparently the marital affairs of plaintiff and defendant had encountered such difficulties that they decided to terminate their marriage by divorce. It was agreed between themselves that the husband should seek a divorce, and together they set out on the 12th of May to effectuate their purpose. On their way to the office of an attorney who had been recommended to them plaintiff claims that defendant plied her with intoxicating liquors to such an extent that she became “dizzy and did not realize what I was doing.” Defendant denies that plaintiff at the time of the visit to the attorney’s office was inebriated, and the attorney himself, called as a witness, testified he noticed no sign of intoxication.