180 Iowa 417 | Iowa | 1917
I. Barbara. Victora commenced an action for divorce against her husband, Ignatz, December 5, 1910, based upon cruel and inhuman treatment. Thereafter, and about September 11, 1911, she filed a supplemental petition, making Fred, Carl and John Victora, sons of Ignatz, and her stepchildren, parties defendant, in which she claimed that these sons, with their father, en
After these actions Avere commenced, Avith fraudulent motive and purposes, it is claimed, it is averred that Ignatz and his three sons got together, induced Barbara to go to Des Moines with them, and, in the absence of her attorney, fraudulently aud corruptly induced Barbara to sign a pretended agreement of settlement, which, in effect, deprived her of all rights in and to her husband’s property. It is claimed that Barbara could not understand the English language, did not knoAV what Avas in the agreement of •settlement, but believed that it protected her rights, because the parties represented to her that it would; and that they further stated that, .unless she signed the agreement, the laAvyers would get all the property and leave them all without anything. A subsequent stipulation was entered in January of the year 1912. This stipulation was carried into a decree, and it provided for the confirmation of a deed made by Ignatz and his wife to John Victora for certain lands in Adair County, and for the con
Before the commencement of the divorce suit, and on November 14, 1910, Carl and Fred Victora commenced an ■action against Ignatz and Barbara Victora, in the Madison County District Court, to re-establish a deed made
Under these issues, a decree was entered in the action commenced by Carl and Fred, confirming their title to the Madison County land, subject to the liens, etc., referred
II. It has seemed necessary to 'set out these voluminous pleadings and proceedings, in order that the matters at issue may be better understood.
The record also shows a written memorandum of agreement made and entered into between Barbara Yictora and Ignatz Yictora, of date January 19, 1912, which reads as follows:
“memoranda op agreement.
“It is hereby stipulated by and between Barbara Victora and ignatz Victora, plaintiff and defendant respectively, in the case entitled Barbara Victora vs. Ignatz Victora, now pending in the district court of Madison County, Iowa, as follows, to wit: That whereas, the parties hereto are desirous of settling all differences and all litigation now pending between the parties hereto or the children of Tgnatz Victora, and whereas, the parties hereto desire to re-establish themselves as husband and wife, and live together as such, witnesseth:
“Par. 1. That, in consideration of the defendant, Ignatz Victora, deeding to the plaintiff, Barbara Victora, all his right, title, and interest to certain premises owned by him in the town of Earlham, Madison County, Iowa, during her lifetime, said property upon the death of Barbara Victora to revert to the surviving heirs of Ignatz Victora, it being understood and agreed that the said Barbara Victora is to have the rents and profits accruing upon ¡5aid property during her lifetime, she retaining only a life interest in and to said premises.
“Par. 2. In further consideration that, in the decree entered in the above entitled cause or causes, the plaintiff,*425 Barbara Vietora, be awarded, as her one-third interest in and .to the farm situated in Madison County, Iowa, now occupied by the defendant, Ignatz Vietora, and Carl and Fred Vietora, and the farm situated in Adair County, Iowa, and now occupied by John Vietora, said $1,000 to be paid by the owners of said farms to said Barbara Vietora within G months after the death of said Ignatz Vietora; provided, however, that, in the event that said Barbara Victora does not survive Ignatz Vietora, then and in that event the lien herein referred to 'shall be discharged and released.
“Par. 3. It is hereby further stipulated and agreed that the defendant Ignatz Vietora shall pay all court costs in the litigation herein referred to, and pay plaintiff’s attorneys the sum of $500; and to pay Mrs. Janda of Des Moines, Iowa, $32 for board and room of Mrs. Vietora during her stay with Mrs. Janda; and to Mr. Frank Meleneck, $5 for services as interpreter on January 19, 1912, said sums to be paid out of the moneys now in the possession of the clerk of the district court of Madison County, Iowa, the balance of said moneys in the possession of the clerk of the district court of Madison County, Iowa, to be turned over to Tgnatz Vietora; also Ignatz Vietora is to be given the moneys now deposited to Barbara Victora’s credit in the Citizen’s State Bank at Earlliam, Iowa.
“It is further understood and agreed that nothing herein contained shall in any manner affect the provisions in the deeds heretofore given to John Vietora, Fred Vietora, and Carl Vietora by Ignatz Vietora and Barbara Vietora.
“In consideration of the above and foregoing, the plaintiff, Barbara Vietora, hereby agrees to dismiss any pending litigation which she may have against this defendant.”
This is the stipulation which was carried into effect in the decree which it is sought to set aside.
It is manifest that, to sustain the decree from which this appeal was taken, it must be found that, from the be
It should also be stated that the original deed to Fred and Carl Victora was destroyed in the manner hereinafter indicated, and that the final settlement of the case was had with the consent of counsel for Barbara Victora, and the final decree entered upon that settlement was prepared and presented to the court by her counsel.
During the husband’s lifetime, and before September, 1910, he acquired 210 acres of land in Dallas County and 120 acres in Adair County, at least 160 acres of which were secured after his second marriage. He also owned a house and lot in Earlham, had considerable stock and money, was not in debt, and, it is claimed, was worth in all at least $50,000 in September, 1910; and it is claimed that about that time the conspiracy was formed to deprive Barbara of any interest she might have in her husband’s
Following these suits, Barbara commenced her action for divorce against Ignatz, which suit was commenced on December 5, 1910. She filed a supplemental petition in that case, as hitherto stated. In their answer to this supplemental petition, John and Fred claimed that Ignatz and Barbara Victora owed them $15,000 for work and labor done. Ignatz appeared and filed answer in the actions brought by‘his sons Carl and Fred, and by John, in which he admitted practically all the allegations of the petitions; and, after issue joined by Barbara in all of the cases, they were continued.
It seems that a contract of settlement had been prepared by someone, and this the husband and his son, with the aid of the interpreter, induced Barbara to sign. They also secured her signature to a dismissal of her suit for divorce, etc. After this Avas done, Barbara and Joseph visited the woman’s attorney at Winterset, but, as they were unable to satisfactorily explain the matter to him, he refused to permit the case to be dismissed at the May, 1911, term of court, and called the attention of the judge to what he thought was an unjust settlement. It seems that Barbara was then or thereafter in court, and the presiding judge, after talking Avith her through an interpreter,
On February 0, 1912, decrees were entered in the several cases upon the last agreement of settlement. Although, as already remarked, the issues are complicated, the whole case turns upon the question of fraud and misrepresentation. It is not seriously contended that Barbara was wholly non compos mentis, but it is claimed that she was of a confiding and trusting nature, very easily imposed upon by her friends, easily misled and of feeble mentality; and that the defendants, taking advantage of these frailties, imposed upon the woman and her counsel, by various promises, misrepresentations and machinations, induced the woman to part with her valuable interest in her husband’s property, she at no time understanding the full import thereof.
The record is voluminous upon this question, and we shall not set out the ■ testimony bearing thereon. Suffice it to say that, if the case stood alone upon the original deeds and the first settlement of the cases, the latter having been made in 'March of the year 1911, we would have little difficulty in finding them fraudulent, and that they and all proceedings based thereon should be set aside and the decree below affirmed. But the last settlement, executed in January of the year 1912, stands on an altogether different basis. This was the second time that the parties attempted to adjust their difficulties, and every effort seems to have been made to secure a complete and -final adjustment thereof.
Barbara was represented by counsel, and two disinterested persons were present to act as interpreters. ' Her counsel attempted to procure as favorable terms as possible, although he would not interfere in any way with the reconciliation between husband and wife. The entire transaction was fully explained to Barbara, and she declared that she understood it. Counsel seems to have been
There is no claim that any party in interest made any false and fraudulent statements at this time, and none of
It follows that the decree below must be, and it is, reversed, and the cause is remanded for an order dismissing the petitions, and affirming and confirming the judgments and decrees sought to be set aside. — Reversed and remanded.