This is an appeal'from an order overruling a demurrer to a complaint in an action commenced July 14, 1897, to set aside a deed and bill of sale of the plaintiff to the defendant Charles 8. Dodge, and a deed and bill of sale from Charles 8. Dodge and wife to the defendants A. C. Dodge, George Olvu/rehill, and William Fish, and requiring them to reconvey such property to the plaintiff.
The complaint alleges, in effect, that A. C. Dodge, George iIhurehill, Willia/m Fish, and Charles 8. Dodge are residents of Monroe, and have been at all times therein mentioned; that A. C. Dodge, George Chwrohill, William Fish, and this plaintiff were, April 7,1897, and for a long time prior thereto had been, and still are, copartners in business under the firm name and style of “ The Monroe Planing Mill Company; ” that as such copartners they owned on that day certain real estate in Monroe, therein described; that such real estate had thereon a mill building and other buildings with machinery therein, used by the firm and operated as a planing and wood-working mill; that the firm also owned certain logs, lumber, building materials, tools, and machinery, and accounts, claims, and demands against various persons indebted to them; that the real estate was of the value of $12,000, find the personal property and accounts of the value of $17,000; that the plaintiff was, as such partner, the owner of an undivided one-fourth part of such real and personal property and accounts; that April 7,1897, the plaintiff, being about to be absent from Monroe and unable to give his personal attention to such business, at the request of A. O. Dodge, George Chxvrohill, and William Fish, and with the intention of the plaintiff that the same should be for the convenience of the partnership business, made, executed, and delivered to the defendant Chandes 8. Dodge, a son of A. C. Dodge, a deed of his interest in the real estate and a bill
The complaint further alleges that such requests to deed and convey his property to Olíanles 8. Dodge were made pursuant to a conspiracy entered into, among the male defendants, for the purpose of defrauding the plaintiff out of his property; that the deed and bill of sale were procured from the plaintiff through the false and fraudulent representations of the defendants, and with the false and fraudulent design on their part to procure the same to be made over to them without any consideration being paid therefor; that the power of attorney was procured from the plaintiff by the defendants pursuant to such representations and conspiracy among them, and through the false and fraudulent representations made with respect thereto, and with the in_-tent to defraud the plaintiff; that thereafter A. C. Dodge, George Ghurchill, William Fish, and Charles 8. Dodge fraudulently and wrongfully connived and confederated together for the purpose of defrauding the plaintiff out of his interests in the copartnership and in the lands and property belonging thereto; that in pursuance thereof A. G. Dodge, G-eorge Ghurchill, and William Fish made a false, fraudulent, and dishonest claim against the plaintiff as to the indebtedness of the plaintiff to the copartnership, and falsely and
The complaint then alleges that on July 7,1897, the plaintiff, learning of the attempt and conspiracy to defraud him out of his property, re'voked and canceled the power of attorney so given to Charles 8. Dodge, and revoked and canceled every right and authority theretofore given or granted to him, and July 7,1897, notified Charles S. Dodge and A. C. Dodge, Ceorge Churehill, and William Fish by telegraph of such revocation and cancellation; that July 8,1897, at 10:30 a. in., the plaintiff caused to be served, personally, upon Charles 8. Dodge a true copy of such written revocation; that thereafter, and during the afternoon of July 8, 1897, ■Charles 8. Dodge and wife, without authority and with the fraudulent and wrongful intent of defrauding the plaintiff out of his property, pursuant to the conspiracy, made, executed, and delivered to A. C. Dodge, George Churehill, and William Fish a warranty deed of the real estate, and did, at the same time and with the same intent, execute and deliver to them a bill of sale of the personal property; that the conveyances were made without any consideration, and in violation of the agreements made by Charles 8. Dodge; that the deed and bill of sale were taken and received by A. C. Dodge, George Churchill, and William Fish with full knowledge that the power of attorney and all right of Charles 8. Dodge to .act for the plaintiff had been revoked and canceled, and with full knowledge that the property belonged to the plaintiff instead of Charles 8. Dodge, and with the sole purpose and.intent of cheating and defrauding the plaintiff out
By the Court.— The order of the circuit court is affirmed.