Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1913-10-29

April %. 1908. ne purchased a tract
IN Plainheld from Mr.. and Mrs.
Philip r.. Van Wyek for s31. 600. He
asserted that he was not on good
terms with the members of his fam
ilY at the time and that WAS one Of
the reasons why he placed the title
OF the property ia Mrs Hoods name.
On the following day, April Il, 1903.
stated Hood he contaminated a deal
for the purchase of a tract adjoining
the land be purchased from Van
Wyck. This latter purchase was
made from Mr.. and Mrs. George A.
CHAPMAN for $4,000. This price in
eluded land. q house, a horse and
buggy.
The Chapman tract was likewise
decided to Mrs. Hood under the same
conditions as the Van Wyok tract
stated the husband. He sets forth
that his wife again agreed to recon
VeY the Chapman tract at any time,
but insisted that she be given the
horse and buggy as her own. He as
sented
spent $4,000 ON Improvements.
Mr.. Hood asserts that he had no
intention Of vesting his wife with the
title of the property permanently. The
husband claims he spent 1000 i'm
proving the newly acquired property.
and that altogether he paid out ap-
proximately 100000 for the purchase
and Improvement of the lind and
houses purchased. Ills wife, he as
serts, never paid anything for the
property
The husband contends that his wife
never objected TO the payment of
rents TO him aceruing from the prop
HTfV
| recognized him as the owner. He
charges that the transfer TO her of
the property became a trust and il
was her obligation to turn the tracts
over to him when he required It.
Mrs. Hood denies that the title to
the property has always remained in
possession of her husband. She as
! serts that she never recognized her
husband as owner of the property
but on the contrary looked upon the
land as gift from her husband and
"a part of her own estate The wife
contends that she holds titles to the
/ property and that she never agreed
TO reeonvey the land to Mr.. Hood.
| 1t is also charged by Mrs. Hood
| that she knows of no agreement to
turn the land over to her husband
! and that if any such alleged agree
ment exists it is void by virtue of a
( law which prevents fraud in such
land transactions. Mrs. Hood as
serts that she never signed any such
agreement to reconvey the property
as her husband claims.
! The first witness called today by the
attorneys for Mr.. Hood was Charles
/ Fl. Lyman, real estate dealer, of q
/ Park avenue, Plainfield. He stated
| that he has been in the real estate
business for twenty-six years. He
negotiated the sale of the Van Wyck
! tract to Hood and testified as to the
| details Of that sale.
| Hoods first offer for the purchase
of the property was 5000. testified
| Lyman. The witness related how he
/ brought Hood and the Van Wycks to-
gether at the Hotel Savoy, in New
York city, where Mr.. and Mrs. HOOD
! had apartments. There Hood made &
I final offer of $31 900 for the site anc
this was accepted by Van Wyck
stated Lyman. The real estate mar
declared that his commission was
raised TO an even 1000 by Hood fol
the good work in settling the deal.
Advised by Lyman.
! Lyman made a strong witness fol
/ the husband when he related the con.
/ versation that took place at the tim,
/ of the sale. He said he advised Hoot
to place the property in his wife
name, because that plan often proves
to be very good thing for a maj
who got into financial difficulties"
| Mr. Hood said he did not thinl
/ it was a good proposition for a bust
ness man to place his property in hi
! wife's name" testified Lyman. Mrs
| Hood was present and heard what
/ said to her husband. Then she said
| What difference does 1t make
/ Hayden? You can have it back a
any time"
MIR. Hood then said All right
! then, go ahead and fix it that way
The real estate operator stated tina
| the deed to the property was theI
made by Mrs. Van Wyek to Mrs
Hood. When he secured the deed. re
lated Lyman, he forwarded the docu
ment to Mr.. Hood.
This concluded Lyman's direct ex
animation by former Judge Collins
/ The witness was then eross-exam
ined at length by Attorney Egner 70
the defense. The latter fired score
of questions at the witness, but wa
unable to break down his story o
Mrs. Hoods alleged verbal agree
ment to reconvey the property to he
husband at any time he so desired.
Philip V. R. Van Wyck, of Norris
town. followed the real estate oper
ator on the stand. Van Wyck test
fed about the sale of his land a