McKinney v. Jones
Wisconsin Supreme Court
APPEAL from the Circuit Court for Grant County. Action to foreclose a land contract. The plaintiff, Antoinette McKinney, and the defendants executed an- agreement under seal, dated October 7, 1868, in and by which Mrs. McKinney agreed to sell and the defendants to purchase certain lands therein described, for $2,100, of which sum $300 was made payable at the delivery of the agreement, and the balance in installments, the last of which was to become due-in .1874. The…
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APPEAL from the Circuit Court for Grant County. Action to foreclose a land contract. The plaintiff, Antoinette McKinney, and the defendants executed an- agreement under seal, dated October 7, 1868, in and by which Mrs. McKinney agreed to sell and the defendants to purchase certain lands therein described, for $2,100, of which sum $300 was made payable at the delivery of the agreement, and the balance in installments, the last of which was to become due-in .1874. The defendants covenanted to pay the taxes, and the agreement gave them the right to the possession of the land until default on…
1Opinion of the Court
The following opinion was filed March 14, 1882:
LyoN, J.
I. The questions as to who are the proper parties plaintiff in the action, and as to the sufficiency of the complaint, are raised by the demurrer, and the appeal presents them for determination. Armstrong v. Gibson, 31 Wis., 61; Tronson v. Union Lumbering Co., 38 Wis., 202; R. S., 799, sec. 3070.
*441. It is a general rule of law that an action qoncem-ing the estate of a minor must be by or against the minor, who, under onr statute (R. S., 716, sec. 2613), must be represented by a guardian ad litem. Rut to this rule there are many exceptions.…
2Cases cited10 opinions
- Thomas v. BennettNew York Supreme Court · 1868
- Matthews v. Town of BarabooWisconsin Supreme Court · 1876
- Armstrong v. GibsonWisconsin Supreme Court · 1872
- Flanders v. CottrellWisconsin Supreme Court · 1875
- Stevenson v. BruceIndiana Supreme Court · 1858
5 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Dietrich v. United States Shipping Board Emergency Fleet Corp.Court of Appeals for the Second Circuit · 1925
- Walker v. GoldsmithOregon Supreme Court · 1886
- Bieri v. FongerWisconsin Supreme Court · 1909
- Day v. Old Colony Trust Co.Massachusetts Supreme Judicial Court · 1917
- Seaver v. HallNebraska Supreme Court · 1897
11 more not listed; retrieve them via the Exa API.