Arnoux
Arnoux v. Westphal
Opinion
Lead Opinion
Barnard, J.
This case presents another chapter in a long and strange line of litigation over a parcel of real property. On May 20, 1911, this plaintiff deeded the property in question to his wife, Anna Arnoux. On March 20, 1913, he brought an action against his wife to annul their marriage and to annul this deed. On June 24, 1913, Anna Arnoux filed a declaration of homestead on this property, in which she sets forth “I do now, at the time of making this declaration actually reside with my minor daughter who is under my care and maintenance, on the land and premises hereinafter described”, and also, “I make this declaration for the joint benefit of myself and family”. On July 17, 1913, the plaintiff had his wife arrested on an insanity charge and about the same time she had him arrested on a charge of attempting to kill her. On March 9, 1914, judgment was entered in the action started on March 20, 1913, denying an annulment of the marriage, upholding the validity of the deed, and declaring the real property in question to be the separate property of Anna Arnoux. On May 6, 1914, Anna Arnoux died, leaving this property by will to her minor daughter, Agatha Vivian Lawrence, the property being…