Migala

Plaintiff Keturah T. Mígala brought this action against her former husband, William E. Rickard, to rescind a property settlement made between them on or about May 22, 1922, upon the ground that she was induced to make the settlement through the fraud, deceit, misrepresentations and undue influence of said William E. Rickard.

William E. Rickard died before the case was tried, and Charlotte Rickard Dakin was appointed administratrix of his estate and substituted as defendant in this action in the place and stead of William E. Rickard.

The case was tried by the court and judgment was entered in favor of the defendant. From this judgment plaintiff, Keturah T. Mígala, prosecutes this appeal.

The court found that no fraud, deceit, misrepresentations or undue influence were practiced upon appellant; in fact, the court found against the appellant upon all the material issues in the case.

Appellant contends that the findings are not supported by sufficient evidence. The findings of the trial court upon conflicting evidence are conclusive and all reasonable inferences are to be indulged in support of the findings. The burden is upon appellant, who claims error, to show its existence.…