McKesson v. Stanton
Wisconsin Supreme Court
APPEAL from the Circuit Court for Kenosha County. The case is thus stated by Mr. Justice Tayloe: !l This is an action of ejectment brought by the appellant, as administrator of Mercy Carson, deceased, to recover tbe possession of certain lands described in tbe complaint. All tbe parties to tbe action claim under tbe deceased, Mercy Carson.
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APPEAL from the Circuit Court for Kenosha County. The case is thus stated by Mr. Justice Tayloe: !l This is an action of ejectment brought by the appellant, as administrator of Mercy Carson, deceased, to recover tbe possession of certain lands described in tbe complaint. All tbe parties to tbe action claim under tbe deceased, Mercy Carson. Tbe evidence shows that in December, 1845, said Mercy Carson owned said real estate in fee; that she was then a married woman and a resident of this state; that on tbe 19th day of September, 1846, she conveyed tbe real estate in question to her daughter,…
1Opinion of the CourtTaylor, J.
The only questions discussed by the learned counsel upon this appeal are —first, whether the deed executed by Mercy Carson to Elizabeth Eggleston, in 1846, was void, her husband not having joined in the same; and second, whether the deed executed by her in 1857 to Sarah E. Stanton was void for the same reason.
The first point discussed by the learned counsel has never been directly adjudicated by this court; and it must be admitted, I think, that if she was possessed of legal title to said lands by virtue of the deed to her in 1845, then her deed, executed by her alone, by which she attempted…
2Cases cited10 opinions
- Yale v. . DedererNew York Court of Appeals · 1858
- Beard v. DedolphWisconsin Supreme Court · 1871
- Sage v. McLaughlinWisconsin Supreme Court · 1874
- Westcott v. MillerWisconsin Supreme Court · 1877
- Strœbe v. FehlWisconsin Supreme Court · 1867
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3Cited by1 opinion
- Heal v. Niagara Oil Co.Indiana Supreme Court · 1898