Lavassar v. Washburne
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Door County. This action was brought to set aside a conveyance of land executed by plaintiff and her husband to the defendant.
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APPEAL from tbe Circuit Court for Door County. This action was brought to set aside a conveyance of land executed by plaintiff and her husband to the defendant. It is alleged in the complaint that the defendant induced the grantors to execute the conveyance by means of the false and fraudulent pretense and representation that it only corrected certain mistakes in former conveyances, by the same grantors, to certain grantors of the plaintiff, whereas it purports to convey land not intended to be included in such former conveyances.' The circuit judge found that the complaint was proved, and…
1Opinion of the CourtLyoN, J.
The rule so often laid down by this court, that, to justify the court in reforming a written instrument on the ground that it does not correctly state the intentions of the parties, the evidence of the mistake must be clear and convincing, is applicable to a case wherein it is sought to cancel or rescind the instrument' for fraud. 1 Story’s Eq. Jur., § 694a, and cases cited. It was said in Howland v. Blake, 97 U. S. (7 Otto), 624 (citing several cases in this court), that “ a judgment of the court, a deliberate deed or writing, is of too much solemnity to be brushed away by loose and…
2Cases cited12 opinions
- McClellan v. SanfordWisconsin Supreme Court · 1870
- Kercheval v. DotyWisconsin Supreme Court · 1872
- Du Pont v. DavisWisconsin Supreme Court · 1874
- Blanchard v. McDougalWisconsin Supreme Court · 1858
- Harter v. ChristophWisconsin Supreme Court · 1873
7 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Jasper v. HazenNorth Dakota Supreme Court · 1894
- Ley v. Metropolitan Life InsuranceSupreme Court of Iowa · 1903
- Figge v. BergenthalWisconsin Supreme Court · 1907
- Dobbin v. CordinerSupreme Court of Minnesota · 1889
- Grant Marble Co. v. AbbotWisconsin Supreme Court · 1910
6 more not listed; retrieve them via the Exa API.