74 W. Va. 301 | W. Va. | 1914
Plaintiff, Margaret Anvil, conveyed her undivided interest in a small tract of land to her nephew Leander Shaffer, in consideration, as she alleges, of an agreement on his part to support and maintain her. By her bill in equity she sought to get back the title to the land, on the ground that Shaffer had conveyed the land to another and had abandoned his obligation for her support and maintenance. From a decree on full pleadings and proofs, denying her relief, we have, this appeal.
The cause as we view it demands no extended opinion. It is unnecessary for us to decide whether a lien on the land for plaintiff’s support and maintenance exists by the deed to Shaffer, or whether the land in any way is so charged with plaintiff’s support and maintenance that equity, for Shaffer’s failure to perform his agreement, would restore the land to plaintiff. These questions are mooted in the briefs. But whatever may be-plaintiff’s rights when a ease arises wherein it appears that the agreement to support and maintain her has not been kept, the evidence in the cause before us warrants the conclusion that plaintiff has been supported and maintained under Shaffer’s contract in that behalf. The
It appears that plaintiff is easily dissatisfied. After living with Shaffer for several months she desired the change to the home of Virginia B. Auvil, and the arrangement was consummated for the latter to take over the land and assume Shaffer’s obligation; then after living several months with Virginia B. Auvil plaintiff again became dissatisfied and went away to- another place of her choice, the home of Nestor. Vet by a preponderance of the evidence it appears that at each place she was treated kindly and provided for comfortably. There has been no such failure to support and maintain as would entitle plaintiff to the relief for which she prays. The decree must be affirmed. Two former decisions are in point: McCartney v. Bolyard, 22 W. Va. 641; Lipscomb v. Love, 38 W. Va. 546. That which Judge Dent said in the ease last
Affirmed.