Sheffield v. Andrews

679 So. 2d 1052, 1996 WL 173542
CourtSupreme Court of Alabama
DecidedJuly 19, 1996
Docket1941693
StatusPublished
Cited by16 cases

This text of 679 So. 2d 1052 (Sheffield v. Andrews) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sheffield v. Andrews, 679 So. 2d 1052, 1996 WL 173542 (Ala. 1996).

Opinion

679 So.2d 1052 (1996)

Willie E. SHEFFIELD
v.
Lillian P. ANDREWS and Minnie May Pugh.

1941693.

Supreme Court of Alabama.

April 12, 1996.
Rehearing Overruled July 19, 1996.
Opinions Dissenting from Overruling of Rehearing July 19, 1996.

Edward P. Turner, Jr. and Halron W. Turner of Turner, Onderdonk, Kimbrough & Howell, P.A., Chatom, for appellant.

Wyman O. Gilmore, Jr. and Lamar C. Johnson of Gilmore Law Office, Grove Hill, for appellees.

COOK, Justice.

Willie E. Sheffield appeals from a judgment awarding Lillian P. Andrews, individually, and as attorney in fact for her sister, Minnie May Pugh, who is incapacitated, $10 in compensatory damages and $1,000,000 in punitive damages on Andrews's claim that Sheffield and Andrews's former attorney, James Tucker, were part of a conspiracy to defraud her and her sister out of their property. Andrews, who was 91 years old at the time, alleges that Sheffield paid Tucker $15,000 to obtain title to property owned by Ms. Andrews and her sister and that Tucker did so by misrepresenting to Ms. Andrews, who had poor eyesight, the content of certain documents signed by her. Those documents purported to transfer Andrews's property interest to Sheffield. After Andrews signed the documents, she cut timber on the property twice and executed a hunting lease on the property. Tucker, in an attempt to stop the timber cuttings, informed Andrews that she would have tax problems if she continued to cut timber; Sheffield attempted to circumvent the hunting lease by offering to purchase it from the lessee for $10,000.

*1053 In addition, Tucker, unknown to Andrews, added to a will he prepared for Andrews language stating that upon Andrews's death, the property, valued at well over $1,000,000, would be sold to Sheffield for $250,000 or $500,000, depending on the interest owned by Ms. Andrews. The price was dependent on whether Andrews, at the time of her death, had inherited the interest of her sister, Ms. Pugh. Sheffield, thereafter, deposited $428,000 with Tucker for payment to Andrews's estate upon her death. Tucker put $400,000 in a certificate of deposit in trust for Sheffield and apparently spent the remaining $28,000. Andrews did not know about the money and never received any benefit therefrom. Upon learning that Sheffield claimed title to her property based on the documents signed by her, Andrews sued, seeking to quiet title to the property and seeking damages, alleging that Sheffield and Tucker were guilty of fraud.

The jury returned a verdict of $10 in compensatory damages and $2,000,000 in punitive damages. Following a Hammond hearing, the trial court reduced the punitive damages award to $1,000,000. On appeal, Sheffield contends that Andrews should not have been permitted to "rescind" the alleged contract and at the same time collect punitive damages for fraud. He claims that these remedies are inconsistent and that Andrews should be forced either to rescind the agreement and collect no punitive damages or to affirm the contract and be allowed to seek punitive damages. He further argues that the verdict should have been reduced by significantly more than $1,000,000, because, he argues, his net worth is only $720,000. We disagree with each of Sheffield's contentions and affirm the judgment of the trial court.

"It is well settled under Alabama law that a plaintiff may present alternative, inconsistent, and mutually exclusive claims to the jury. King v. Cooper Green Hospital, 591 So.2d 464, 465-66 (Ala.1991). However, the plaintiff may recover under only one of these claims. United States Fidelity & Guaranty Co. v. McKinnon, 356 So.2d 600, 607 (Ala.1978)."

Liberty National Life Insurance Co. v. Jackson, 603 So.2d 1005, 1007 (Ala.1992). The question here is whether the remedies in this case are, in fact, inconsistent, as argued by Sheffield; in other words, we must decide whether Andrews can collect damages for fraud and rescind the real estate conveyance. For the following reasons, we conclude that these remedies are not inconsistent.

In Mid-State Homes, Inc. v. Johnson, 294 Ala. 59, 66, 311 So.2d 312, 318 (1975), this Court held that "where one rescinds a contract induced by fraud and recovers even nominal damages, then in an appropriate case he may also recover punitive damages." The Court, quoting with approval Ward v. Taggart, 51 Cal.2d 736, 336 P.2d 534 (1959), stated:

"`Courts award exemplary damages to discourage oppression, fraud, or malice by punishing the wrongdoer.... Such damages are appropriate in cases... where restitution would have little or no deterrent effect, for wrongdoers would run no risk of liability to their victims beyond that of returning what they wrongfully obtained....'
"We agree with this reasoning. Punitive damages are for punishment and prevention. To allow them when a contract is affirmed, and not when there is a rescission, is illogical when the purposes of punitive damages are considered. The punitive and deterrent force of the law should be present in both types of cases since both arise from perpetration of fraud."

Mid-State Homes, Inc. v. Johnson, 294 Ala. at 66, 311 So.2d at 318. Andrews contends that the facts of this case bring it within the holding in Mid-State, supra. In particular, she argues that forcing her to elect between remedies would, in effect, allow Sheffield to perpetrate fraud and "`run no risk of liability to [his victim, Andrews] beyond that of returning what [he had] wrongfully obtained.'" Mid-State Homes, Inc. v. Johnson, 294 Ala. at 66, 311 So.2d at 318, quoting Ward v. Taggart, 51 Cal.2d 736, 336 P.2d 534.

The documents purporting to transfer the property from Andrews to Sheffield were void because of the fraud of Sheffield and Tucker. See Cumberland Capital Corp. *1054 v. Robinette, 57 Ala.App. 697, 331 So.2d 709 (1976), wherein the court stated:

"[I]t is apparent from the record that the signatures of the grantors ... were placed upon the deeds either by forgery or by the grantors' having been deceived into signing the instruments in ignorance of their true character. A signature procured by this character of fraud is considered forged under Alabama law. Warren v. State, 247 Ala. 595, 25 So.2d 698. See also 11 A.L.R.3d 1076. A forged deed is void, and completely ineffectual to pass title. 23 Am.Jur.2d Deeds §§ 137, 139, and cases cited thereunder.
"Even if the signatures are not forged, or considered as such under the rule enunciated in the Warren case, supra, a deed is nonetheless absolutely void where the grantor's signature is obtained by fraud going to the nature of the instrument he was requested to sign. Gamble v. Moore, 278 Ala. 104, 176 So.2d 35; 23 Am.Jur.2d Deeds § 142, and cases cited thereunder."

331 So.2d at 713. In finding for Andrews on the fraud count, the jury determined that because of Sheffield and Tucker's fraud, there was no agreement between Andrews and Sheffield for the purchase of her property. Thus, the remedy of voiding the "agreements" is not inconsistent with an award of punitive damages for the fraud perpetrated by Sheffield on Andrews.

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Bluebook (online)
679 So. 2d 1052, 1996 WL 173542, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sheffield-v-andrews-ala-1996.