Fairbanks v. Holliday
Wisconsin Supreme Court
APPEAL from the County Court of Bodge County. This action was brought to set aside a conveyance of real estate and an assignment of a mortgage, executed by the plaintiff to the defendant’s intestate, Mrs. Richards, on the alleged ground that the same were procured by the fraudulent conduct and representations of Mrs. Richards in respect to the condition and value of th'e property conveyed by her to the plaintiff as the consideration therefor. The defendant denies the fraud.
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APPEAL from the County Court of Bodge County. This action was brought to set aside a conveyance of real estate and an assignment of a mortgage, executed by the plaintiff to the defendant’s intestate, Mrs. Richards, on the alleged ground that the same were procured by the fraudulent conduct and representations of Mrs. Richards in respect to the condition and value of th'e property conveyed by her to the plaintiff as the consideration therefor. The defendant denies the fraud. The cause was tried before a referee, appointed by consent of the parties to hear, try, and determine the same. The…
1Opinion of the CourtLyoN, J.
The power of the circuit court to review, and to alter, modify, or entirely vacate and set aside, the report of a referee is very full and ample. The statute provides that the court “ may review such report, and, on motion, enter judgment thereon, or set aside, alter, or modify the same, and enter judgment upon the same so altered or modified, and may require the referees to amend their report, when necessary.” R. S., 761, sec. 2865. The power thus conferred upon the court seems as broad as that exercised . by the court of chancery under the old system of practice to review reports of…
2Cases cited3 opinions
- Duffy v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1874
- Van Doran v. ArmstrongWisconsin Supreme Court · 1871
- Bushnell v. ScottWisconsin Supreme Court · 1867
3Cited by5 opinions
- Kleinstick v. DaleidenWisconsin Supreme Court · 1976
- Sandmeyer v. Dakota Fire & Marine InsuranceSouth Dakota Supreme Court · 1891
- Sullivan v. SullivanWisconsin Supreme Court · 1904
- Mullen v. ReinigWisconsin Supreme Court · 1887
- Oconto Brewing Co v. CayouetteWisconsin Supreme Court · 1909