Legal Opinion

Giblin v. Giblin

Wisconsin Supreme Court

Decided April 5, 1921PublishedCited by 10 opinions

Appeal from a judgment of the circuit court for Rock county: George Grimm, Circuit Judge. Action for the partition of three lots in the city of Beloit. Plaintiff is the granddaughter of Paul Broder, Sr., and claims through her mother, Margaret Giblin, nee Margaret Broder.

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Appeal from a judgment of the circuit court for Rock county: George Grimm, Circuit Judge. Action for the partition of three lots in the city of Beloit. Plaintiff is the granddaughter of Paul Broder, Sr., and claims through her mother, Margaret Giblin, nee Margaret Broder. Paul Broder, Sr., emigrated from Ireland to this country in 1850. At the time of his death some time prior to 1867 his family consisted of his oldest son, James H., who died in 1867; his wife, Alice C, who died in 1875; his son Paul, Jr., who died December 14, 1881; his daughter Mary, who died December 11, 1901; his daughter…

1Opinion of the CourtVtNjE, J.

The facts found by the court as briefly outlined in the above statement are not in dispute except in so far as they may allege conclusions, and they sustain the result reachéd as to adverse possession for reasons stated in Hahn v. Keith, 170 Wis. 524, 174 N. W. 551, and in cases there cited. That case rules this as to the question of adverse possession against tenants in common. We have here a case where for thirty-five years the mother, with full knowledge of all the facts, living in a near-by city^-, made no claim in her lifetime for an accounting or a share in the property or its rentals,…

2Cases cited4 opinions

  1. Burnham v. NortonWisconsin Supreme Court · 1898
  2. Chase v. WoodruffWisconsin Supreme Court · 1907
  3. Hahn v. KeithWisconsin Supreme Court · 1920
  4. State Historical Society v. FosterWisconsin Supreme Court · 1920

3Cited by10 opinions

  1. Chamberlain Etl Al. v. LarsenUtah Supreme Court · 1934
  2. Singer v. General Accident, Fire & Life Assurance Corp.Wisconsin Supreme Court · 1935
  3. Cox v. McLeanNorth Dakota Supreme Court · 1936
  4. Herzing v. HessWisconsin Supreme Court · 1953
  5. Tharp v. Seventh Day Adventist ChurchWisconsin Supreme Court · 1923

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