Capozzella v. Capozzella

Dr. Henry Capozzella (defendant) divorced his first wife. Following the divorce, Dr. Capozzella retained a home on 51 acres of land. The property was held by trustees, who were empowered to convey the land as Dr. Capozzella directed. Dr. Capozzella soon married his second wife, Harriet Capozzella. Prior to their wedding and again a few days after it, Dr. Capozzella took the new Mrs. Capozzella to the office of his attorney, Lytton Gibson, and directed Gibson to have the trustees’ names removed from the property deed and have the deed put into Mrs. Capozzella’s name. Gibson advised Dr. Capozzella to have the trustees convey the property to both Dr. and Mrs. Capozzella as tenants in the entirety, and Dr. Capozzella apparently agreed. Over the next few months, Gibson corresponded with the trustees regarding the transfer of the deed, and eventually the deed was executed in both Dr. and Mrs. Capozzella’s names and delivered to Gibson. During the process, Dr. Capozzella had directed Mrs. Capozzella to provide Gibson with necessary information to complete the conveyance. A few days after Gibson received the new deed but before it was recorded, the Capozzellas separated after less than a year of marriage. Gibson retained the deed and did not record it on account of the impending divorce proceedings. Mrs. Capozzella eventually sought an injunction to compel Gibson to deliver the deed to be recorded. The lower court granted Mrs. Capozzella’s complaint, and Gibson presented the deed to be recorded. Dr. Capozzella appealed.