50 Wis. 200 | Wis. | 1880
The rule so often laid down by this court, that, to justify the court in reforming a written instrument on the ground that it does not correctly state the intentions of the parties, the evidence of the mistake must be clear and convincing, is applicable to a case wherein it is sought to cancel or rescind the instrument' for fraud. 1 Story’s Eq. Jur., § 694a, and cases cited. It was said in Howland v. Blake, 97 U. S. (7 Otto), 624 (citing several cases in this court), that “ a judgment of the court, a deliberate deed or writing, is of too much solemnity to be brushed away by loose and inconclusive evidence.” Indeed, the general rule of law, applicable to all classes of cases in which fraud in fact is asserted, is that the fraud “ must be proved by clear and satisfactory evidence.” Fick v. Mulholland, 48 Wis., 413.
The following are some of the cases in this court in which the rule of evidence in actions to reform or rescind deeds and other written instruments for different causes, or to vary their terms by parol proof, has been considered and, applied. They
Within the above rule, is the fraud charged in the complaint sufficiently proved to sustain the judgment? After a careful examination of the testimony we are compelled to answer the question in the negative. The negotiations which resulted in the execution of the conveyance sought to be avoided, were all between the defendant and the plaintiff’s husband and agent. She had little or no part in the transactions further than to execute the conveyance, which she did pursuant to her husband’s advice. She is bound, therefore, by his acts, and the case stands as it would have stood had the husband been the owner of the land in controversy and the plaintiff in the action. The husband of the plaintiff testifies that the conveyance was intended only to correct certain alleged inaccuracies in two former conveyances, executed by himself and wife, of lands which the defendant subsequently purchased; that it was not agreed or intended that it should include any other land; and that he did not hear it read, but executed it, and procured his wife to execute it, on the faith of defendant’s representation that it merely corrected such inaccuracies. On the other hand, the defendant testifies that he made no false statements as charged, but that the conveyance was drawn in strict accordance with his agreement with plaintiff’s husband, and was carefully read to him more than once, and the description therein explained to him.
By the Court.- — -Judgment reversed, and cause remanded with directions to the circuit court to dismiss the complaint.