Swartzer v. Gillett
Wisconsin Supreme Court
APPEAL from the Circuit Court for Fond du Lac County. This bill was filed in the circuit court for the county of Fond du Lae by the appellant, to procure to be annulled a conveyance of real estate by him to the appellee, upon the ground that the conveyance was made to compound a felony committed by the appellant, and alleging that the appellee was a party to such illegal act. The facts are' sufficiently detailed in the opinion of the court for an understanding of the case.
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APPEAL from the Circuit Court for Fond du Lac County. This bill was filed in the circuit court for the county of Fond du Lae by the appellant, to procure to be annulled a conveyance of real estate by him to the appellee, upon the ground that the conveyance was made to compound a felony committed by the appellant, and alleging that the appellee was a party to such illegal act. The facts are' sufficiently detailed in the opinion of the court for an understanding of the case. The court below dismissed the bill, and the cause came here on an appeal by the complainant.
1Opinion of the CourtLarrabee, J.
The question upon which this cause must be decided is, was the conveyance of the lands, described in the bill, made with a view to the compounding of felony? Was-such the intention and end of the parties ? If it was, there is an end of this cause ; for it is manifestly repugnant to the duty of every court of justice, to lend its aid to enforce or annul such a contract. The authorities upon this point are too numerous, and the doctrine too plain and well settled, to be even referred to.
In May, 1847, an indictment was found against Swartm', the complainant, in the district court of Eond du Lac…
2Cases cited2 opinions
- Bartle v. NuttSupreme Court of the United States · 1830
- Toler v. ArmstrongU.S. Circuit Court for the District of Pennsylvania · 1822
3Cited by9 opinions
- Melchoir v. McCartyWisconsin Supreme Court · 1872
- Clarke v. Lincoln Lumber Co.Wisconsin Supreme Court · 1884
- Menominee River Boom Co. v. Augustus Spies Lumber & Cedar Co.Wisconsin Supreme Court · 1912
- Johnston Harvester Co v. McLeanWisconsin Supreme Court · 1883
- Larscheid v. KittellWisconsin Supreme Court · 1910
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