HomeMy WebLinkAbout1207 CARROLL vs. PEASE
Mrs. Carroll was induced by fraud on the part of Mr. Pease.
The burden of proving this fraud by clear and convincing
evidence is upon Mrs. Carroll. '
In an effort to meet this burden Mrs. Carroll testified
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to a continuing history of harassments, threats and malicious
acts against her by Mr. Pease, both during and after their
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marriage. Some of these acts in a proper forum might be the =
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basis of criminal or civil action against Mr. Pease, but do not ~
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establish that at the time the Separation and Property Settle- ~
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ment Agreement was signed by the parties, Mr. Pease was acting ~
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fraudulently for the purpose of obtaining the Quit Claim Deed. =
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The evidence shows that the agreement was the result of consider- ~
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able negotiation with each party being represented by able and ~
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competent attorneys. The ownership of the home and the custody ~
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of the children w~e only a part of the overall agreement. Mrs. ;
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Carroll received the furniture and appliances accumulated by ~
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, the parties during their marriage, she was paid $1,500.00 for ?
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~ any interest she might have in the family automobile, and she ~
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~ received the entire balance of a savings account of approximately =
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$8,500.00, which at the time of the agreement was in her name, #
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~ but a~ one time during the marriage had been in their joint names.
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There were other stipulations, some benefiting Mr. Pease, others
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benefiting Mrs. Carroll. ~
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The actions of Mr. Pease were wrongful and are not con-
~ doned or approved by this Court. However, Mr. Pease's bad
conduct alone is not a sufficient legal reason to rescind the
~ deed which he received from Mrs. Carroll pursuant to their agree-
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~ ment. To hold otherwise would encourage and invite challenges i
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to vested property rights in every Dissolution of Marriage case
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