Holden v. Meadows
Wisconsin Supreme Court
APPEAL from the Circuit Court for Walworth County. This action was brought in May, 1871, to revoke and annul an instrument purporting to be the last will and testament of Simeon Holden, late of Walworth county, deceased, and to set aside the probate thereof and all subsequent proceedings thereon.
Read the full summary
APPEAL from the Circuit Court for Walworth County. This action was brought in May, 1871, to revoke and annul an instrument purporting to be the last will and testament of Simeon Holden, late of Walworth county, deceased, and to set aside the probate thereof and all subsequent proceedings thereon. The defendants demurred to the complaint, and assigned all the grounds of objection thereto enumerated in sec. 5, ch. 125, E. S., except the objection that the court had no jurisdiction of the persons of the defendants. The plaintiff appealed from an order of the circuit court sustaining the…
1Opinion of the Court
*289The following opinion was filed at tbe January term, 1872. ■
Lyoít, J.
I. It is a well settled doctrine that it is competent for a court of equity to relieve against a judgment obtained by fraud. This doctrine has frequently been recognized and acted upon by this court. Merrit v. Baldwin, 6 Wis., 439; Huebschman v. Baker, 7 id., 542; Ableman v. Roth, 12 id., 81; Stowell v. Eldred, 26 id., 504.
II. But it is urged that the case where the probate of a will has been obtained by fraud is an exception, and that in such case a court of equity has no power to relieve against the judgment or'order of…
2Cases cited3 opinions
- Gaines Et Ux. v. ChewSupreme Court of the United States · 1844
- Merritt v. BaldwinWisconsin Supreme Court · 1858
- McLachlan v. StaplesWisconsin Supreme Court · 1861
3Cited by18 opinions
- Luther v. LutherIllinois Supreme Court · 1887
- Will of SmithWisconsin Supreme Court · 1881
- Burnham v. MitchellWisconsin Supreme Court · 1874
- Wheeler v. WheelerIllinois Supreme Court · 1890
- In re Downing's WillWisconsin Supreme Court · 1903
13 more not listed; retrieve them via the Exa API.