Richmond v. Smith
Wisconsin Supreme Court
Appeal from a judgment of tlie circuit court for Polk county: A. J. Vinje, Circuit Judge. Action to establish and quiet title to certain forty acres of land, commonly referred to as the south forty, of Boucher’s farm.
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Appeal from a judgment of tlie circuit court for Polk county: A. J. Vinje, Circuit Judge. Action to establish and quiet title to certain forty acres of land, commonly referred to as the south forty, of Boucher’s farm. The title disclosed substantially without dispute in the evidence was as follows: Boucher being the owner of a farm of eighty acres, and there being an action for divorce pending by his wife against him, on November 29, 1895, he, with his wife, made deed of the north forty to one Oakey, reciting the existence of the-divorce proceedings and that the parties had agreed upon a…
1Opinion of the CourtDodge, J.
Fraud must be clearly and satisfactorily established before a court is justified in inferring its existence. Shaw v. Gilbert, 111 Wis. 165, 189, 86 N. W. 188. In the present ease no specific act of fraud is directly proved, nor indeed supported by any direct evidence. It is not per se fraudulent for a husband to convey his property without his wife’s knowledge. lie has a perfect right to do so. Nor is it per se fraudulent, as against a wife, to withhold such a conveyance from record, either negligently or by agreement between the husband and the grantee. As to her the reasons fail which have…
2Cases cited2 opinions
- Shaw v. GilbertWisconsin Supreme Court · 1901
- Griswold v. NicholsWisconsin Supreme Court · 1903
3Cited by2 opinions
- Bowe v. GageWisconsin Supreme Court · 1906
- Miles v. Pike Mining Co.Wisconsin Supreme Court · 1905