Ferry v. Ferry

Citations

• 9 Wash. 239
• 37 P. 431
• 1894 Wash. LEXIS 289

Syllabus

<p>DIVORCE AND ALIMONY — VACATION OF DECREE — WANT OF JURISDICTION — FRAUD.</p> <p>A decree of divorce granted in favor of the wife upon her cross complaint will not be set aside after the lapse of three years, upon her application therefor on the ground that the court never had jurisdiction of the action because of the non-residence of plaintiff, as the appearance of defendant in the cause, and her filing of a cross complaint therein upon which she procured a decree in her favor, estops her from now denying the jurisdiction of the court.</p> <p>A decree of divorce procured by a wife, which includes a division of property, will not be set aside on the ground of fraud in that the division was based upon a valuation of property represented by the husband as a true one, while in fact it was but one-fifth of the actual value, when the wife was fully acquainted with the various parcels of land involved and could have readily discovered the valuation thereof by inquiry.</p>