Westcott v. Miller
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Jefferson County. Ejectment, commenced in 1873, and tried by tbe court alone. Tbe facts were substantially as follows: In 1840, Alvin "Willard, being then seized in fee simple of an undivided half of a certaiu half-quarter section of land in said county, died unmarried, intestate and without issue, leaving bim surviving bis mother, then Eoxy Moore, a brother, and six sisters, one of whom is the plaintiff Sophronia Westcott.
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APPEAL from tbe Circuit Court for Jefferson County. Ejectment, commenced in 1873, and tried by tbe court alone. Tbe facts were substantially as follows: In 1840, Alvin "Willard, being then seized in fee simple of an undivided half of a certaiu half-quarter section of land in said county, died unmarried, intestate and without issue, leaving bim surviving bis mother, then Eoxy Moore, a brother, and six sisters, one of whom is the plaintiff Sophronia Westcott. Tbe plaintiffs were married in 1833, and have since been husband and wife. In 1842 or 1843, Almira "Willard, one of tbe sisters, died,…
1Opinion of the CourtCole, J.
The title to the land in controversy is derived from Alvin "Willard, who died in 1840, unmarried, intestate and without issue, leaving, him surviving, his mother, one brother and six sisters. The circuit court does not specifically find that he was twenty-one years old when he died; but from the evidence we have no doubt such was the fact. It appears that, a month or so before his death, he executed to his brother Erastus a warranty deed of an undivided half of the lands which he had previously entered, and of which he held a patent from the United States; and the plaintiff Mrs. Westcott, who…
2Cases cited8 opinions
- Davis v. MasonSupreme Court of the United States · 1828
- Smith v. PackardWisconsin Supreme Court · 1860
- Jackson ex dem. Beekman v. SellickNew York Supreme Court · 1811
- Ellsworth v. CookNew York Court of Chancery · 1841
- Watson v. WatsonSupreme Court of Connecticut · 1834
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3Cited by10 opinions
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