Burnham v. Burnham
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: Joror K. Pabish, Judge. The appeal is by defendants from a judgment annulling a deed of conveyance made by plaintiff, Clinton Burnham, to Ms wife, Anna Burnham, and canceling a mortgage on the property described in the deed, given by Anna Burnham to ]D. Gr. Rogers and Charles D. Mann.
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Appeal from a judgment of the circuit court for Milwaukee county: Joror K. Pabish, Judge. The appeal is by defendants from a judgment annulling a deed of conveyance made by plaintiff, Clinton Burnham, to Ms wife, Anna Burnham, and canceling a mortgage on the property described in the deed, given by Anna Burnham to ]D. Gr. Rogers and Charles D. Mann. On and before February 6, 1901, ‘the plaintiff, Clinton Burnham, was the owner of an estate of considerable value an the city of Milwaukee. He had always lived there, and had established a household there for himself and defendant Anna Burnham,…
1Opinion of the CourtSiebeckee, J.
This action is brought to set aside a certain contract and deed which it is- alleged defendants procured from plaintiff by fraud, when he was incapable of comprehending and transacting his business, on account of mental impairment induced by the excessive use of intoxicating liquors. Many errors are assigned upon the ground that the-findings of fact by the trial court are not supported by the evidence. This is a case wherein relief is sought for a fraud’ in fact, which it is alleged infected the transaction and rendered it voidable in law. In such cases the fraud must he-proven by clear and…
2Cases cited10 opinions
- Grimes v. SandersSupreme Court of the United States · 1876
- Conrow v. . LittleNew York Court of Appeals · 1889
- Pence v. LangdonSupreme Court of the United States · 1879
- Moller v. . TuskaNew York Court of Appeals · 1881
- Johnson v. HarmonSupreme Court of the United States · 1877
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3Cited by8 opinions
- Figge v. BergenthalWisconsin Supreme Court · 1907
- Steffen v. Supreme Assembly of the DefendersWisconsin Supreme Court · 1907
- Seeley v. GoodwinNevada Supreme Court · 1916
- Harlow v. KingstonWisconsin Supreme Court · 1919
- Green v. GunstenWisconsin Supreme Court · 1913
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