67 Wis. 662 | Wis. | 1887
There is no appeal from that part of tlm judgment which dissolves the marriage existing between the plaintiff and Arthur Way. We may assume that this marriage was valid; and, upon the divorce being granted on plaintiff’s application, she would be entitled to such relief in respect to alimony as the court might deem just and
The learned counsel for the appellants insists that Artlmr owned no real estate in this state, or but a very little, at least at the time of his marriage. He claims that he had previously conveyed his interest in his father’s estate to his brother, /Seward, and sister, Nettie, for a valuable consideration, and that this conveyance is not open to any legal objection. Rut it is indisputable that that deed was made on the very day of the marriage, and but a few hours before it was consummated. But counsel claims that the evidence shows that it was made in good faith, without any notice on the part of the grantees that Arthur contemplated marrying the plaintiff; also that it was in pursuance of a parol agreement made between the parties in May or June previously. The circuit court, however, found that this conveyance was voluntary, and was executed by Arthur with a fraudulent intent to defraud the plaintiff and to prevent her from obtaining any interest or rights in his property,— to place it in such a condition as to defeat her rights in it after marriage; and that the brother and sister were privy to, and participated in, this fraudulent purpose.
After a careful examination of all the evidence, we are forced to the conclusion that these findings are in accord with the weight of the testimony. We shall state our conclusions upon the evidence without entering into any dis cussion of it. We make this remark, in passing, that while
Assuming, then, that the findings of fact are correct, we come to the questions of law arising upon them. These do not seem difficult of solution. If the conveyance in question was voluntary and fraudulent, and Seward and Nettie held the property in trust for Arthur, there can be no doubt of the power of the court, in this divorce proceeding, to cancel that deed, and to decree that the interest of Arthur in the property be vested in the plaintiff as alimony out of his estate.
In Jones v. Jones, 64 Wis. 301, the wife, after her dower had become absolute by the death of her husband, asserted
That principle is settled in Damon v. Damon, 28 Wis. 510, and Gibson v. Gibson, 46 Wis. 449. These were both cases
By the Gourt.— Judgment affirmed.