Bennett v. Brown

PRESTON, J.

The judgment in this cause is reversed, with directions to the court below to deny all relief on all issues between the plaintiff and the defendants, but without prejudice to the rights of the cross-defendant Sarah E. Bennett, who alone is entitled to have her costs of appeal herein as against the respondents.

This decision is made and this direction to the court below given because the record shows without substantial conflict that both plaintiff Walton L. Bennett and respondent Robert A. Brown have entered a court of equity with unclean hands asking for aid. Arthur J. Brown is the son of Robert A. Brown, who held a power of attorney from him, and all the transactions herein were made by the father so acting for the son; all acts upon the part of the son were imputable to the father and reference will hereinafter be made in the main only to the father. Robert A. Brown had several money judgments of record against him, which fact doubtless explains the existence of these transactions in the name of the son. The truth of the observation as to unclean hands will abundantly appear from the following:

Walton L. Bennett was at all times herein and for some years prior thereto living in discordant relationship with his wife, Sarah E. Bennett. A state of separation and of armed neutrality was in existence at the period herein considered. Bennett had considerable separate property, a part of which was the residence and contents therein, also certain personalty within the curtilage, all the subject of this action. The wife was in the home and refused to be ejected therefrom. She was defending her possessions against all comers and was breathing fumes of anathemas upon the head of her husband. Bennett sought to dispose of said property so as not to lose the right thereto and to a reconveyance thereof when he should have rid himself by divorce of the burden of said wife.

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In the early part o£ 1921 he fell in with Robert A. Brown, a real estate broker who had offices in connection with those of his attorney and who immediately inclined an ear to his voice, and, with the sole intention of defeating the claims of said wife for alimony and maintenance, concocted the scheme of having Bennett deed said residence to Arthur J. Brown, the son of Robert A. Brown, and conveyed to him the household and kitchen contents of said building, which was accomplished by a document consisting of many pages of items which included everything in said home, even the crumb tray and the trusty rolling pin. This scheme was carried out on March 24, 1921. Arthur J. Brown in turn deeded to Bennett through his father as attorney-in-fact a tract of 160 acres of Texas land unknown and extremely uncertain in value—a tract of land to which the title was in doubt and likewise a tract which none of the parties had ever seen. Bennett also passed a check to Brown for $100, which he says was a camouflage and the proceeds thereof were returned to him later.