Elliott v. Wohlfrom

Citations

• 55 Cal. 384

Syllabus

<p>Divorce — Fraudulent Judgment — Appearance — Estoppel — Common Property.—In an action of ejectment, in which both parties deraigned title under a deed executed May 15th, 1865, for valuable consideration, to one Amanda C., the defendant by a deed direct from her, and the plaintiff by a deed from J. C.—formerly her husband—the case turned upon the validity of a judgment of divorce rendered J une 23rd, 1864, in a case brought by J. G. against Amanda C., in the State of Indiana, in which the latter appeared by attorney; but it appeared that the appearance of the attorney was without her knowledge or- consent. Held, that the judgment was not void, but, at most, only voidable at her instance, and that it could not be attacked by her husband or his grantee.</p> <p>Id.—Ebaud.—Eraud renders any transaction void at the election of the party defrauded; but the party by whom the fraud is perpetrated has not that election.</p>