Wolverton v. Baker

Hayne, C. This was a suit for a reconveyance of real property, conveyed by a woman over seventy years of age, to her son, Erastus J. Baker, upon condition that he Would apply to her support and maintenance so much of the rents and profits as should be sufficient to support and maintain her in a suitable manner during the rest of her life, and for the cancellation of certain deeds and mortgages made by the son, and a homestead declared by him. The trial court gave judgment for the defendants, and the plaintiff appeals upon the findings.

The findings show that the conveyance was without [592]consideration, and upon the condition mentioned; that for nearly two years before the commencement of the suit the son has not applied any portion of the rents and profits to the support of his mother; that he declared a homestead upon the property, and conveyed half of it to other persons, without consideration; and that he mortgaged it, “with the intent on his part to prevent the plaintiff from recovering anything from him.”

If these were the only facts, we should have no doubt of the right of the plaintiff to the relief she seeks, upon the ground of the breach of the condition, without reference to the other grounds alleged in the complaint. (See Blake v. Blake, 56 Wis. 392; Humphrey v. West, 40 Mich. 597; Civ. Code, sec. 1109.) But the defendants have pleaded a judgment obtained in a former suit between the same parties, and we are constrained to say that, in our opinion, it is a bar to the present suit.

The substance of the grounds of relief alleged in the complaint in the former suit are as follows: 1. That the plaintiff reposed confidence in her son; 2. That she was old and infirm; 3. That the property was conveyed “ upon the sole and only consideration that the said defendant should hold the same in trust for said plaintiff, and that the rents, issues, profits, and proceeds thereof should he applied in providing for and maintaining said plaintiff during her natural life, in a manner suitable to her station,” etc.; 4. That the son accepted the conveyance with the intent of defrauding the plaintiff; 5. That he failed to furnish her any support whatever, but declared a homestead upon the property, mortgaged it, and conveyed away portions of it without consideration.

The prayer was for a reconveyance of the property, and for the cancellation of the homestead and the subsequent deeds and mortgages, “ and that the plaintiff have such other and further relief in the premises as to the court shall seem meet and equitable.”