Carl

The original complaint in this action sets forth two causes of action: First, an action to quiet title, containing the usual averments, and second, a cause of action for cancellation, as to the defendant, of a deed from one Hartley, conveying to all of the parties, as joint tenants, the property described in the complaint, on the ground that the defendant’s interest in the property had been obtained by him through fraud and deceit. The answer denied all the material allegations of the complaint, except the conveyance to and from Hartley, and set up full ownership in the defendant of the property in question.

The defendant was an officer of the coast guard attached to the U. S. S, “Seminole”, with headquarters at Stapleton, New York, and the vessel was engaged in chasing rum-runners. The defendant employed his attorneys through correspondence and had never personally consulted with them.

It should be noted here that the plaintiff Thomas and the defendant Thomas intermarried November 9, 1911, and were divorced in 1927, the final decree being entered May 22, 1928. The plaintiff Carl was the mother of the plaintiff Thomas and much of her testimony was devoted to relating the evil…