84 Me. 314 | Me. | 1892
Bill in equity, brought by Edward A. Hodgdon and his father, Mark W., asking for the removal of a cloud alleged to be resting on the title to the homestead of Mark, situated on the island of Mount Desert.
It appears that the legal title to this property had not been in Mark for more than forty years prior to 1877, but for many years had been vested in his brother, Wm. Wallace Hodgdon. The purpose for which Mark thus kept his farm in the name of his brother is not left in doubt by the evidence. When the testimony is examined in the light of the history of the several conveyances to Wallace, of the situation of the parties at the time, especially the financial condition of Mark, and their subsequent conduct, the fact seems to be established beyond question that it was done as stated by Wallace, "to keep the property away from Mark’s creditors.” Certain it is that the arrangement had that effect; for while the property was thus situated,
In the bill as originally drawn, the plaintiffs ask that this be done on the ground that the bond and mortgage were executed under the influence of fraudulent representation on the part of Mrs. Clark, and of misapprehension and mistake on the part of her father. But the testimony fails to raise even a suspicion of fraudulent procurement or undue influence, and clearly shows that the property was originally conveyed to Mrs. Clark without her knowledge, at the request of her father, and on terms entirely satisfactory to him ; and that the subsequent transaction at the time the mortgage in question was given to Mrs. Clark, wras clearly understood and the result freely accepted by her father. The plaintiffs, therefore, abandoned the charge of fraud and now claim, as a matter of law that the mortgage is void, as being a restraint upon the alienation of property and repugnant to an estate in fee.
It has been seen that the conveyances made and caused to be made by Mark, which resulted in keeping the title to this property in his brother Wallace for so many years, was manifestly desigued to place the property beyond the reach of creditors. "When a debtor has conveyed, assigned or in any manner transferred his property for the purpose of defrauding his creditors
It is also familiar law that alienation is incident to the enjoyment of property whether held in fee or for life. Turner v. Hall. Sav. Ins. 76 Maine, 530. But in the growth and progress of the law one rule has come to be regarded as paramount in importance to all others and is perhaps the only one that has no exception, and that is that the intention of the parties gathered from the whole instrument, or it may be from several instruments, relating to the same subject matter and being part of the same transaction, construed together, should always prevail and not be defeated when no positive rule of law or principle of sound policy is thereby violated. Bradford v. Cressey, 45 Maine, 9 ; Ide v. Pearee, 9 Gray, 350; Haight v. Hamor, 83 Maine, 453. The intent when apparent and not repugnant to any rule of law will ordinarily control technical terms ; for the intent and not the words, is the essence of every agreement.
The manifest intention of the parties disclosed by the deed,
It is not apparent, therefore, that there is any present occasion for the interposition of the equity power of the court.
JBill dismissed without cost.