The herald., 1897-05-21
IN AN ODD FIX
Married to Two Men at
One Time
COMpLICATES THINGS
After All the Last Marriage
Proved Legal
APPOINT OF INSURANCE RAISED
A POINT OF INSURANCE RAISED
A WILD CAT DEAL IN RIVERSIDE
COUNTY
An Armenian Maid Disappears-Geo.
Washington Guilty of Burglary.
Another Complaint Against
Walter Taylor

of the suit of Jesse Hunter against Jane
Elizabeth Milan were of an altogether
exceptional character, and illustrate
the curious shifts on life's chessboard
made by people under the high pressure
of modern life. The action was one in
which Hunter sought to have set aside
two conveyances. both relating to GER
tain piece of property on Broadway,
which it was averred was of the value
of $5O,OOO.
1t appeared that in the spring of 1857
the defendant intermarried with man
named Milan, with whom she lived but
ten days as husband and wife, when she,
at the instance of her parents deserted
him and went to the territory or Utan.
During her absence Milan went to San
ia Cruz county in this state, where ne
remained two or three years, thereafter
going to Wyoming, and thence to the
state of Washington, where he row re-
sides, and whe1e he hae resided for
more than twenty years, never having
instituted proceedings for divorce
against defendant. Mrs. Milan, upon her
return from Utah, in December of 1858,
learned that her husband was living in
Santa Cruz county, but made no effort at
reconciliation, and in 1862 married plain
tiff. Before her marriage to plaintiff
she told him that she was widow, that
she though her husband dead. and plain
tiff so believed at the date Of their mar
riage.
In December of 1878 plaintiff trans
ferred to his wife all of his separate es-
tate except about $1,000, which was af-
forwards used in connection with 5000
belonging to defendant in the improve
ment of this property conveyed to the
defendant
A WOMAN WITH TWO HUSBANDS
'Soon after the execution of this deed"
says Judge Allen in his opinion in the
case" plaintiff and defendant moved
upon the premises described in the COM
plant as their home, and continued to
occupy the same as family residence
until 1883, when defendant notified plain
tiff that she had information indicating
that her husband Milan, was alive,
Acting upon this information, they sep
arated and never thereafter lived to-
gether as husband and wife. About the
time of this separation, in order to pro-
vide maintenance for defendant dur
ing her life, both parties believing that
Milam's existence rendered void their
marriage, and that the conveyance
heretofore made to defendant was with
out consideration and void, and upon the
faith of an agreement of defendant that
she would destroy the former deed, both
parties believing that such destruction
of the deed would reinvest plaintiff with
the title to said premises, plaintiff ex-
ecuted the second conveyance set out in
the complaint, by which he conveyed to
the defendant life estate in the prem
iseS in the complaint described, together
with the fee simple, in the event of her
surviving him. Under this deed defend
ant claimed to hold said premises up
until the 18th of February 1892, since
which date she has asserted the legal
title thereto under the first conveyance.
afterwards, the defendant instituted
suit for divorce against her husband,
Milan, and a decree was regularly en-
tered. Shortly before the 5th of April,
1893, plaintiff instituted an action in the
superior court of this county against de-
fendant for the annulment of the mar
riage between plaintiff and defendant
upon the ground that defendant had an
other husband living at the time of such
marriage, and such proceedings were
had in such action that on the 14th of
June, 1898, the superior court found that
said Milan was dead at the time of the
marriage between plaintiff and defend
nat, and that there was no impediment
to such marriage, and that the plaintiff
and defendant were legally married on
the 3rd of July, 1862 and ever since have
bI1c1 1,o nd nd or
this judgment plaintiff discovered tha
whereabouts of said Milan, and he tes-
titled as a witness in this case.
The prayer of the complaint is that
both deeds be set aside, and annulled,
as having been procured by fraud and
under mistake of fact and that plain
tiff's title to the premises in dispute be
quieted as against defendant.
MARITAL RELATIONS DEFINED
The rights of the parties under these
deeds are largely dependent upon the
determination by the court as to their
marital relation.
Proceeding at length 10 examine au-
thorities bearing upon the case Judge
Allen holds tnat in appropriate proceed
ings, under proper issues, a court of
equity might well decree the defendant
a trustee for the community and annul
the second deed as having been exc
cuted under a mistake of fact as to the
non-eXistence of the marital community.
not discovered until the decision in
Hunter vs.. Milan. But in this action
he holds, no such relief is obtainable,
and decree for defendant is ordered.
AN IMPORTANT POINT