Sommerman v. Sommerman

141 A.2d 738, 217 Md. 151, 1958 Md. LEXIS 598
CourtCourt of Appeals of Maryland
DecidedMay 26, 1958
DocketNo. 238
StatusPublished
Cited by2 cases

This text of 141 A.2d 738 (Sommerman v. Sommerman) is published on Counsel Stack Legal Research, covering Court of Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sommerman v. Sommerman, 141 A.2d 738, 217 Md. 151, 1958 Md. LEXIS 598 (Md. 1958).

Opinion

Prescott, J.,

delivered the opinion of the Court.

This is an appeal from a decree of the Circuit Court for Baltimore County, dismissing the bill of complaint of the appellant which had sought reformation of a deed, or, in the alternative, the impression of a trust upon certain real property in favor of the appellant for expenditures made by her.

The appellee, a widow, is the mother-in-law of the appellant. In 1937, the appellee obtained the property in question by devise from her husband. Her husband’s will is not in the record; so, the exact estate that she derived from him is not certain, but we shall assume she held the same in fee simple. The appellant married the appellee’s son in 1948 [155]*155and two children were born as a result of this marriage. The appellant claims that in 1952 the appellee promised her and her husband that if they would remove from the home where they were then living and reside in the property now in dispute that the appellee would do certain things. These things were, as alleged in the bill of complaint, that if the appellant and her husband would live in the subject property “that their names (the appellant’s and her husband’s) would be placed on the title to the property; * * * that if the Complainant (appellant) and her husband would renovate the property and pay one-half (Jfi) of the taxes, water, and would meet the payments of insurance, mortgage, and other expenses, that their names would be incorporated in the title.” (Emphasis supplied.) These allegations were denied in the answer.

In 1952, when the proposal was first made that the appellant and her husband change their place of abode so as to live in the subject property, said property was in need of repairs. The appellant testified that her husband had $1,000 and she had about $200, the total of which was expended, over a two-year period beginning in July of 1953 when they moved into the subject property, in renovating the house upon the property. However, additional money was required to make the substantial improvements needed. In order to obtain this money, the appellee deeded the property to a straw party, who, in turn on May 25, 1953, deeded it back to the appellee for the term of her natural life with full power to sell, mortgage, lease or dispose of the same including the remainder; and, after her death so much of the property that remained undisposed of, if any, to her son, the appellant’s husband. On that same date, the mother and son executed one mortgage and on July 31, 1953, another, both totaling $8,875, the proceeds from which were expended in improving the building upon the property.

The appellant testified she learned that her name was not on the mortgages when the mortgage account book was received by mail in 1953, but she claims that it was not until after the death of her husband, who committed suicide on January 16, 1956, that she knew that the title to the house [156]*156had not been changed and that the house did not become hers upon his death.

During the time that the appellant and her husband occupied the property together from July, 1953, until January 1956, they paid the taxes, interest on the mortgages and, apparently, $150 upon the principal. After her husband’s decease, the appellant continued to occupy the property for the period of a year, during which time she made minor expenditures for improvements which will be mentioned later.

From the above it will be seen that the appellant has expended about $200 (the other small claims will be considered later) of her own money upon the premises; so, it is readily seen that her individual funds have created no substantial equities on her side, if those funds are treated in any manner that she requests. She has brought suit only in her individual capacity. She does not explicitly make any claim as a surviving joint obligee, see 2 Williston, Contracts, secs. 128-132, but if we assume, without deciding, that she is a surviving joint obligee, the best position in which she may be placed, we are still unable to find that she should prevail. In addition to her individual expenditures, her husband spent $1,000 on improvements and $150 on the principal of the mortgages, paid the interest on the mortgages, and the taxes on the property. They occupied the premises together from July, 1953, until January, 1956.

The only testimony offered by the appellant to sustain the allegations of her bill of complaint, quoted above, in regard to the alleged agreement of the appellee to transfer the property to the appellant and her husband was given by the appellant, alone, and was as follows:

“Q. What was said to you and your husband? A. She (appellee) asked us not to buy the house (another house the appellant and her husband were considering purchasing) ; to move to Fitch Avenue, (the subject property) she would give us the home there. And I wouldn’t move there, because it was too run down and dilapidated, unless they made [157]*157some repairs to the house,—before I would step foot out of where I was.
“Q. Did Mrs. Sommerman (appellee) make any statement to you with respect to that request, or demand? A. Not directly to me, no, sir.
“Q. Or to you and your husband? A. She told us we could do what we wanted.
“Q. What, exactly, did she say? A. She said if we would move back on Fitch Avenue, we could do what we wanted to,—the house was ours.
“Q. You could do what? A. Remodel or do what we wanted to; the house was ours.”

Upon the above statement of facts, we are requested to reverse the finding of the chancellor and rule that there should be a “reformation of the title to the property involved,” or, in the alternative, the property should be impressed with a trust for expenditures. We are referred to such cases as Jaworski v. Jaworski, 202 Md. 1, Masters v. Masters, 200 Md. 318, Shives v. Borgman, 194 Md. 29, and O’Connor v. Estevez, 182 Md. 541, as precedents for this request. We entertain no doubts concerning the correctness of the principles of law stated in these and other cases like them; but we think they contain nothing that assists the appellant. The decisions in those cases were predicated upon and recognized the rule which is ably stated by former Chief Judge Bond in Chamberlain v. Preston, 170 Md. 1, 4, as follows:

“The principle on which the demand for a conveyance is based, that when, after a parol agreement by a landowner to convey, improvements have been made on the faith of the agreement, the land owner may be required to convey, assumes, of course, that the landowner’s original undertaking to convey shall have been established. The foundation of a decree must be the same as that for enforcement of a contract to sell or to devise land, or for reformation and enforcement of such a contract, and must be simi[158]*158larly established. The first, indispensable step of the party demanding a conveyance must therefore be the production of clear proof of an original contract or gift. The statute of frauds was intended to avoid claims to land based on allegations of parol transactions, with the incidental uncertainties and weakening of record titles, and the statute is dispensed with only upon a high degree of certainty in the proof of an original undertaking.

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Bluebook (online)
141 A.2d 738, 217 Md. 151, 1958 Md. LEXIS 598, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sommerman-v-sommerman-md-1958.