Quackenbush v. Swortfiguer

[150]

GAROUTTE, J.

This is an action in equity to annul deeds to certain property made by Thomas M. Quaekenbush during his lifetime to his daughter, Esther E. Swortfiguer. The plaintiff claims to have been the wife of Quaekenbush, now deceased, at the date of these deeds, and asserts that they were made in fraud of her rights as his wife. The question presented by the appeal is, Was plaintiff the wife of Quaekenbush? A pure question of fact is thus presented, and the finding of the trial court upon the issue will not be disturbed if there be substantial conflict in the evidence. As disclosed by'the opinion of the trial judge found in the record, the evidence in this case has been carefully sifted and weighed, and under such circumstances great consideration will be given by the appellate court to the conclusion declared by him. This court will not enter into a detailed analysis and consideration of the evidence, but will now content itself with pointing out the salient features of the case.

Taking a broad view of plaintiff’s case, its general features are not pleasant to look upon, and they do not strongly impress the court as possessing substantial merit. By this view we find the plaintiff, in the year 1865, carrying on illicit relations with Quaekenbush, and also with one Noyes. These relations with Quaekenbush continued until December, 1866, when she claims to have entered" into a marriage contract with him, evidenced by a writing. This writing she never saw again until about the time the present action was brought—thirty-two years later. She had a child by the man Noyes, the paternity of which she put upon Quaekenbush. She claims to have lived with Quaekenbush from 1866 until 1879, and during that period her domestic life was rough and turbulent. She then separated from him, and up to the day of his death, eighteen years later, lived upon a mere pittance, furnished by him. During this period of time he was a man of considerable means, lived in the same city, and she never moved a hand or raised' her voice to enforce any of her rights as his wedded wife until after his death.

Tn its special features the case has a double aspect,—1. The marriage contract; and 2. The evidence of marriage, as shown by general repute.

Let us first look at the marriage contract. The signature of both parties is attached, together with the name of the