Thomas v. Hawkins

VALLÉE,

J.

Appeal by plaintiff from a judgment decreeing defendant, Monroe T. Hawkins, to be the sole owner of a parcel of improved real property standing of record in the names of “Monroe T. Hawkins, a single man as to an undivided one half interest and Peggy C. Thomas, an unmarried woman as to an undivided one half interest. ’ ’

May 14, 1947, plaintiff, Peggy C. Thomas, commenced this action against the defendant, Monroe T. Hawkins, for partition of the property, alleging that she was the owner of an undivided half interest. Hawkins filed an answer and cross-complaint. The first count of the cross-complaint alleged that the property had been placed in the joint names of the parties merely for convenience; that Hawkins had paid $2,500 on the purchase price, executed two mortgages for $6,500 for the balance, and thereafter paid $95 monthly on the mortgages ; that the purchase of the property was made upon plaintiff’s representation that she was not married and would marry him; that this representation was false, and at the time the representation was made plaintiff was married to another; that the representation was made with the intent to induce him to purchase and record the property in the names of the parties as tenants in

common;

that plaintiff has collected $34.50 every week subsequent to the first week in February, 1947, for rental of rooms located on the premises. The second count of the cross-complaint alleged that Hawkins had contributed the money for the purchase of the property, had made the monthly payments due thereon, and had requested plaintiff to execute and deliver a deed to him but that she refused to do so.

The court found substantially in accord with the allegations of the first count of the cross-complaint; and specifically that: May 17, 1946, Hawkins purchased the property in his name and in the name of plaintiff by depositing $2,500 in escrow; he made the purchase in reliance upon plaintiff’s representa

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tion that she would marry him; after the purchase plaintiff refused to marry him because she was married to another; plaintiff’s representation was false and made with an intent to induce Hawkins to purchase and record the property in his name and in her name as tenants in common; Hawkins requested plaintiff to execute and deliver a deed of the property to him but she refused to do so. The court concluded that Hawkins was sole owner of the property subject to liens of record, and rendered judgment accordingly.