Granger v. Granger

{dissenting). I am unable to concur in the opinion of Mr. Justice McAllister.

The decisive question in this case is whether or not the consideration for the conveyance by William R. Granger to defendant is sufficient to rebut any implication of fraud on plaintiff’s marital rights. The implication of fraud arises from the fact that the conveyance was executed shortly before William R. Granger’s marriage to plaintiff.

The burden of proving fraud is upon the plaintiff. The mere fact of making the deed just prior to the marriage without telling the plaintiff does not establish a fraudulent…