75 N.W. 772 | N.D. | 1898
The plaintiff, Ingwaldson, as trustee for Paul and Ovedia Olson, brings this action to set áside a deed executed by the defendant J. L. Skrivseth to the defendant Bertha Skrivseth, covering certain property in the City of Hillsboro, in Traill County. The defendants are husband and wife. Paul Olson is the father of Ovedia Olson. The very voluminous pleadings in this case may be thus summarized: The complaint alleges that on September 30, 1896, a cause of action had accrued
In the view that we take of this case, there are some questions raised on the record that it will not be necessary to discuss. The legality of the transfer from J. L. Skrivseth to Bertha Skrivseth becomes material only after the plaintiffs have shown that there exists some claim in their favor, or in favor of one of them, that ought to be enforced against the property as the property of J. L. Skrivseth. Concerning the conveyance of September 30, 1896, made by J. L. Skrivseth to Ingwaldson as trustee, we have to say that we regard it as security only, although in form a deed
The evidence shows that Ovedia Olson attained her majority on May 31, 1896, and she was seduced and became pregnant at some prior time during that month. She was living in the family of the defendants, and had been so living for six or eight years. At the time she was receiving regular wages from the defendants as an assistant in a photograph gallery. But she was not of age, and there is nothing in the case to show that her father had ever
The father, Paul Olson, having prosecuted his cause of action to judgment, and such judgment having been fully paid, there no longer exists any claim for the seduction proper in favor of either of the plaintiffs. What claim, if any, existed in favor of Ovedia Olson? That her seducer was under a'moral obligation to her to support the child which was the fruit of such seduction cannot be doubted, and any express promise to pay a liquidated amount based upon such moral obligation would be enforced by a court. But as we have stated, in our judgment, there was no promise to pay any specific amount. However, should we adopt the view urged by plaintiff’s, that there was a specific promise to pay the sum of $2,500, in settlement of all claims growing out of such seduction, that fact would not aid plaintiffs’ case at this stage, because, in any event, that was an aggregate sum that should satisfy all claims, and was not a specified amount for any one claim; and as Paul Olson, one of the parties for whose benefit the promise was made, if it was made, refused to stand upon such promise as to his cause of action, it is self-evident that the other party beneficially interested can claim nothing under such promise. But under our bastardy act (Ch. 5, Code Cr. Proc.) an unmarried female may enter complaint against the father of her
We have all carefully studied the evidence upon this point, and we are clear and unanimous in the opinion that it was not. The circumstances leading up to the execution of that instrument may be briefly stated: Rev. J. Lonne was the pastor of the church at Hillsboro, of which J. L. Skrivseth and wife, Paul Olson and wife, and Ovedia Olson were all members. That he should desire to suppress, so far as he reasonably might, a scandal in his own church, and shield its members from unnecessary public disgrace, was at once natural and laudable, and he deserves commendation for his efforts in that line, rather than the aspersions heaped upon him by counsel. It seems that rumors of the scandal became rife at Hillsboro early in October, 1896. A few weeks prior thereto the Skrivseths had leased their property at that place, and moved to Fargo. On October 4th, Mrs. Skrivseth x'eceived a letter from Mrs. Lonne, in which reference was made to the rumors afloat. On October 5th, Rev. Lonne, went to Fax'go, and talked fix'st with Mx'S. Skrivseth, and afterwards with Mr. Skxdvseth, concerning the reports. He swears that at that time he knew nothing of the conveyance to Ingwaldson. Bei'tha Skxdvseth swear's that she knew nothing about it. By x'eason of the chai'ges made against her husband, Mrs. Skxdvseth demanded.
The decree of the District Court is affirmed.