Gillett v. Robbins
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Green County. Benoni B. Gillett filed bis bill in equity in March, 1848, in tbe district court of Wisconsin Territory for tbe county of La Payette, to compel tbe defendant, Bobbins, to convey to bun tbe N. E. qr. of tbe N. W. qr. of sec. 32, town 1 M, E. IE., in that county, wbicb tbe bill alleges tbe defendant purchased at tbe public land sale in 1847, at tbe TJ.
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APPEAL from tbe Circuit Court for Green County. Benoni B. Gillett filed bis bill in equity in March, 1848, in tbe district court of Wisconsin Territory for tbe county of La Payette, to compel tbe defendant, Bobbins, to convey to bun tbe N. E. qr. of tbe N. W. qr. of sec. 32, town 1 M, E. IE., in that county, wbicb tbe bill alleges tbe defendant purchased at tbe public land sale in 1847, at tbe TJ. S. Land Office at Mineral Point, at $1,25 an acre, and paid for with money furnished him for that purpose by tbe plaintiff, under an agreement that tbe defendant would purchase at said sale in bis…
1Opinion of the Court
By.the Court,
DixON, C. J.
The pleadings in this case were *328made Tip anterior to tire adoption of the Code and according the system which formerly prevailed in the courts of chan-eery. The counsel for the appellant referred us to no adjudications in which it has been held that it was bad or insufficient pleading, in a bill or answer in equity, to allege that certain named parties were heirs at law of a deceased person, and that as such upon his death they succeeded to certain of his rights. Upon examination w.e can find no authorities sustaining such a position. On the other hand, we find in…
2Cited by9 opinions
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- Montgomery v. MerrillMichigan Supreme Court · 1877
- Watts v. WomackSupreme Court of Alabama · 1870
- White v. CulverSupreme Court of Minnesota · 1865
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