Milwaukee Trust Co. v. Clark Realty Co.
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Milwaukee county: F. C. Esohweileb, Circuit Judge. The judgment appealed from reversed an order of the county court confirming the sale of real estate by an administrator under license from the latter court. Agnes Streiff, wife of one of the heirs at law of the intestate, and the Clark Realty Company, the purchaser at the sale, appealed from the order of confirmation made by the county court and are respondents in this court.
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Appeal from a judgment of tbe circuit court for Milwaukee county: F. C. Esohweileb, Circuit Judge. The judgment appealed from reversed an order of the county court confirming the sale of real estate by an administrator under license from the latter court. Agnes Streiff, wife of one of the heirs at law of the intestate, and the Clark Realty Company, the purchaser at the sale, appealed from the order of confirmation made by the county court and are respondents in this court. This heir at law with his said wife occupied the premises in question, or part thereof, claiming a homestead right…
1Opinion of the CourtKeewiN, J.
The court below reversed the order of the -county court confirming the sale mainly upon the following *234grounds: (1) that tbe petition did not state tbe amount of the-debts; (2) that tbe mortgage interest was not ordered sold; (3) that tbe nunc pro tunc order was invalid; and (4) that delay in confirmation of sale released tbe bidder. Some other questions are discussed by appellant, but we regard tbe foregoing as decisive of this appeal. Sec. 3874, Stats. (1898),. provides that, when tbe personal estate of a deceased person shall be insufficient to pay bis debts with charges of administration,…
2Cases cited4 opinions
- Lindauer v. PeaseIllinois Supreme Court · 1901
- Hegeler v. HenckellCalifornia Supreme Court · 1865
- Lombard v. WadeOregon Supreme Court · 1900
- Mertz v. MehlhopAppellate Court of Illinois · 1904
3Cited by1 opinion
- Curtis v. GillieWisconsin Supreme Court · 1941