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In Favor Of The Father

In Favor Of The Father image
Parent Issue
Day
24
Month
January
Year
1902
Copyright
Public Domain
OCR Text

Jdg Kiiine lias ñk'tl hia decisión in ■the case of John towry vs. Dunvari Jjowry in favor of the father. „'Hls ilfe cisión in f uil is as.follows: '"The evldence in tbis cnu.se iri niy opinión eetablishes the fáct tbat the lot dispute -was pur cha sed witli the money of John iLawry and that the house ereeted thereon was paid tot -vvith the moncy of John Ixywry. "I m also of the opinión that the deed to this lot was taken in the na ui e of 'his wife without his consent or fcnowJlgc and in violatiou to the understanding ttetween them and was a legal frautl pon the complainant. 1 do not thrink she intended to wrong Mm, hut deeioed her act prudent and wise. In view of Che tender relations ■wtoich the evldence dtecloses as i-xisting between them 1 think it is probable that Sbe espectèd no serious rebeiiiea n his part by reason of her act. "Thert; is sonie evidenee tending 10 prove that he caused this deed to be placed in the name of his wife in ordor to ii-otect it from redltors, but this testimony is not satisfactory to ■me and his pécuniary eOndition and reputation refute the claim. "Theiv is also some evidence tending to prove tliat )ie spoke of thi.s house as being the property of his wife while ■it was being erected, but these alleged statements were miule many years ago and human memory is intimi ana easily misrepreseuts jcist transactions. It Ha probable that Mrs. Lowry had the ctíárge oí the building of the house and disbursed the moneys and the workmen may have been referred to Mrs. 1ewry by tlie compiainant. but these thlogs were not inconsistent with his Owaership. 'The. question of laches would be a wrrèus oue if between strangers, bnt n-s between thás husband and wife, espeehally in view of their cordial relatie, I do not deern it a serious objo"tkn. "lt is nat liffieult to uppreciato his rniwilïinjness to adopt measures whlch mlgbt haTe resulted in an estrangement. I hink his oondiiet in this reineet is rather to be .-orumeaded than ood dom ned. "It te vay conclusión that the corurilaJnant is entitiwl to the relief whteh hc eeeks. '1 know of no language that ean adequate!; chara-eterize the inhumanity niid oimatural liliai brutality with whk-li this aged father 'lms been treated by bis on. 1 t'.iiük the property bonld toe at once reStored to the complainant and a decree may be eatered in correspondeace with tlns iinding."