Couch v. Wright

McWilliams, J., delivered the opinion of the Court. ³⁰⁴ James and Elizabeth Couch 1 became husband and wife in October 1935. They parted in April 1958. In March 1962, “wish[ing] to terminate the protracted litigation [764A Equity] which . . . [had] been in progress [between them] for quite some time in . . . [the] Circuit Court for Charles County” they agreed, in writing, that “in addition to . . . conveying . . . their property [about 45 acres] to John H. Mitchell, Trustee, upon the terms and conditions set forth therein” James would dismiss certain other pending litigation and make stated cash payments to Elizabeth, and that Elizabeth, upon the receipt of certain of these payments, would “proceed immediately to obtain an absolute divorce” at her own expense, waiving past, present and future support for herself and her three children. She agreed further that upon the “signing of the final divorce decree” she would release any and all judgments she held against James and that she would ask the court “to dismiss any contempt proceedings and suspend any sentences . . . pending therein.” It was agreed also that she would “have the exclusive custody” of the children and that James would have no rights in respect of visitation.

It is this agreement, signed, incidentally, by their attorneys, which is the nub of the present dispute. The deed to John H. Mitchell was executed by ■ James and Elizabeth at or about the same time the agreement was signed. While the deed is not a part of the record Elizabeth says the word “trustee” had been deleted when she signed it. In September 1964 John H. Mitchell and his wife conveyed the 45 acre tract to Elizabeth.

Early in 1965 Elizabeth filed a bill of complaint in the Circuit Court for Charles County charging James with numerous adulteries and asking for a divorce a vinculo, custody of the infant children and an allowance for their support. In August of that year the chancellor, Bowen, J., granted the di ³⁰⁵ vorce, awarded Elizabeth the exclusive custody of the children and although he charged her with their maintenance and support he ordered James to pay her $50 per week for the support of the children. He allowed a fee of $250 to her counsel. Her right to receive alimony was “reserved for future determination.” James moved to modify the decree shortly after its passage.

In his motion he referred to the agreement of March 1962 “. . . providing for [a] property settlement, alimony and maintenance, under the terms of which . . . [he] agreed to convey all interest in a valuable tract of farmland containing 45 acres . . . the result [purpose] of said agreement being to vest in . . . [Elizabeth] the exclusive title to said property .... That on the same date . . . [he] joined in a deed ... to John H. Mitchell . . . and for the further purpose of carrying the intention of the parties to said agreement into effect. . . Mitchell. . . conveyed said property to . . . [Elizabeth] vesting her with the unencumbered and exclusive fee simple title to said real property . . . .” James’s motion came on for a hearing before Judge Bowen on 24 September 1965 and about a week later he amended the decree of 4 August by reducing the support payments from $50 to $45. He further ordered, adjudged and decreed “. . . that all judgments entered against the Defendant arising out of the suit of Elizabeth E. Couch vs. James E. Couch, same being Case 764A Equity of the Circuit Court for Charles County, be, and they are to be satisfied of record, by virtue of the provisions of a certain Agreement executed by the parties on March 28, 1962, and that a new judgment in the amount of $500.00 representing the unpaid balance under said Agreement be entered against the Defendant; and that upon payment of the counsel ³⁰⁶ fee of $250.00 ordered to be paid by the Defendant to Edward S. Digges, Solicitor for the Plaintiff, a credit of $250.00 shall be allowed the Defendant on account of said judgment for $500.00. “Finally, it is ADJUDGED AND DECREED 'that the right of the Plaintiff to receive alimony in the future is stricken from the Decree heretofore entered in the premises, the Court having determined that the Plaintiff is not entitled to receive alimony in the future.” In May 1967 Elizabeth sought to have James “adjudged in contempt” for his failure to make the support payments.

In July Judge Bowen passed the order which follows: “Upon consideration of the pleadings filed herein and both parties being represented by counsel, it is this 17th day of July, 1967, by the Circuit Court for Charles County, Maryland, “ORDERED, that James E. Couch has purged himself of contempt of this Court, and further, “ORDERED, that the arrearage in child support payments found to be due after credit for all payments made by James E. Couch including a payment of $1400.00 on June 28, 1967, is $2170.00, and it is further, “ORDERED, that the arrearage be paid at the rate of $60.00 per month in advance commencing on the 1st day of July, 1967, and continuing on the 1st day of each month thereafter until paid, and it is further, “ORDERED, that support payments are awarded in the amount of $60.00 per month as to Joyce Linn Couch to be paid to Elizabeth E. Couch starting on the