53 Wis. 207 | Wis. | 1881
We cannot undertake to state the testimony. It must suffice to say that, in our opinion, it fully sustains the findings of the learned county judge. When the deeds in question were executed, the original grantor, John, Loew, who had long been in feeble health, supposed that he was near death. Eor some time previously he had designed to convey all of his property to his wife, and these deeds, together with another instrument transferring to her all of his personal property, were made in execution of such purpose. The deeds were duly and regularly delivered to the respective grantees therein named, by or on behalf of the grantors, and such delivery was intended by John Loew to be unconditional, and to pass the title to the land therein described at once and absolutely to his wife. The mere fact that one object he desired to accomplish was to save the expense and trouble of administering his estate after his death, does not qualify'the delivery or change its legal effect, as the learned counsel for the plaintiff ingeniously argued. Neither is the character of the delivery affected by the fact that Mrs. Loew placed the deeds, after delivery, where her husband, equally with herself, could have access to them. If authority is desired for so plain a proposition, it will be found in the recent case in this court of Rogers v. Rogers, ante, p. 36.
On the question of fraud it is only necessary to say, it does not appear that John Loew was indebted to any one when the conveyance to his wife was executed, or that he intended to contract debts thereafter, and there is nothing in the record to raise even a suspicion that he was moved by any fraudulent intent to transfer his little property to his wife. Certainly, the evidence of fraud in this case (if there is any such evidence) is not of that clear and convincing character which alone will
By the Court.— The judgment of the county court is affirmed.