Champion v. Woods

Paterson, J. On February 4, 1888, the plaintiff herein commenced an action in the superior court of Santa Clara County for a divorce. She alleged in her complaint that there was no common property. On February 18, 1886, a decree was entered therein, dissolving the bonds of matrimony then existing between the plaintiff and her husband, Henry B. Champion, but the court made no reference in its decree to the property.

This action was commenced May 16,1888. Defendant is executor of the last will of Henry B. Champion.

The complaint alleges, in substance, that plaintiff and H. B. Champion intermarried in the state of Illinois, on the eighteenth day of August, 1873; that her husband was intelligent, and well knew what was common and what was separate property in this state; that plaintiff, during all the time of her residence in this state up to January, 1888, was ignorant of what was common and what was separate property, and of the fact that there existed any common property by reason of the marriage relation; that she always loved her husband, wholly trusted him, looked to him for instruction, believed him honest, reposed unbounded confidence in his integrity; that she and her husband came to the county of Santa Clara in the year 1877, where both parties continued to reside until his death, which occurred August 2, 1887; that they ceased to live together as man and wife on the eleventh day of October, 1884, but in all business matters [19]plaintiff retained full confidence in her husband’s integrity, which confidence continued until his death; that in consequence of such confidence she wholly believed all he said concerning the property and property rights acquired by them after marriage; that her husband “systematically and persistently, and during all the time of their residence in California continously, represented „ ... to plaintiff that the property he owned and had acquired since said marriage was his sole and separate property and estate, and that there was no community property of said marriage; that plaintiff had no interest therein; that all the property owned by him at the time of his death was acquired subsequent to the marriage, and is community property; that all of the representations aforesaid were false, and known by said deceased when made to be false, and they were made to plaintiff from time to time for the express purpose of causing her to believe the same, a.nd she did believe them, to be true; that when she filed her complaint she was wholly ignorant of the facts, and fully believed the property was the separate property of her husband; that in consequence of said false statements and confidence aforesaid, she caused to be inserted in the complaint an allegation that there was no common property; that the decree was entered February 18, 1886, but that the property rights of plaintiff were omitted from the decree wholly by reason of said false and fraudulent representations; that Henry B. died August 2, 1887, and left all the property to H. F. Woods, the defendant, as trustee, who has since been duly appointed executor of the last will and testament. The complaint then gives a description of the property claimed to be the community property, and concludes with a prayer for a decree canceling the decree in the divorce case so far as the same affects the property rights of plaintiff, for an adjudication that she is the owner of one half of the property described, and for an injunction restraining the ^defendant from delivering