Owsley v. Case
Wisconsin Supreme Court
APPEAL from the Circuit Court for Winnebago County. Action in the nature of a bill guia timet brought by Ovisley & Perldns against Betsey K. Case and Jachson Chse her husband, to set aside a tax deed which Betsey K. Case had obtained on the lands mentioned in the complaint and which she claimed as her separate property.
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APPEAL from the Circuit Court for Winnebago County. Action in the nature of a bill guia timet brought by Ovisley & Perldns against Betsey K. Case and Jachson Chse her husband, to set aside a tax deed which Betsey K. Case had obtained on the lands mentioned in the complaint and which she claimed as her separate property. The court below non-suited the plaintiffs on the ground that the husband was improperly-joined in the action, and the proofs did not show that he had any interest in the property in his own right.
1Opinion of the Court
*607 By the Court,
Dixon, C. J.
Appeal by ‘plaintiffs from a judgment of involuntary non-suit, and for costs against the plaintiffs in favor of the defendant Jackson Case, the husband of the defendant Betsey K. The action was in the nature of a bill quia timet, by the plaintiffs as owners in possession of certain real estate, to procure the cancellation of a tax deed of the same land to the defendant Mrs. Case, and which she claimed as her separate property. The question whether the husband is a necessary party in such case, was before us in Oatman vs. Goodrich, 15 Wis., 589, and we decided that he…
2Cases cited1 opinion
- Oatman v. GoodrichWisconsin Supreme Court · 1862