Senter v. Senter

Citations

• 70 Cal. 619
• 11 P. 782
• 1886 Cal. LEXIS 860

Syllabus

<p>False Representation—Decree in Divorce Suit—Reformation of— Knowledge of Attorney. —Pending an action for divorce, the parties thereto entered into an agreement for the division of their community property in case a divorce should be granted, whereby the wife, the present plaintiff, was to have set apart to her a certain ranch known as the Home Place, consisting of a particular lot, and a tract of land of about twenty acres inclosed therewith. The decree in the divorce suit, to which the plaintiff assented, awarded her the Home Place, but erroneously described it as consisting solely of the lot, thus omitting the twenty-acre tract. At the time of the decree, neither the plaintiff nor her attorney knew of the exact extent and boundaries of the Home Place. The attorney had means by which he might have informed himself on the subject, but omitted to do so, and applied to the defendant for information, who stated to him that the lot covered the entire place. The action was brought to reform the decree so as to include and award to the plaintiff the twenty-acre tract, on the ground that her assent to the decree as rendered had been induced by the false and fraudulent representations of the defendant. Held, that the plaintiff was entitled to the relief prayed for.</p> <p>Practice—Immaterial Issue —Defense Unsupported by Evidence — Findings. ■— An issue raised by a defense upon which no evidence is offered at the trial, and no finding made, is deemed immaterial, and the judgment will not be reversed for want of a finding.</p>