Buttles v. De Baun
Wisconsin Supreme Court
Appeal from an order of the circuit court for Milwaukee county: LaweeNCe W. Halsey, Circuit Judge. The following is the substance of the complaint: In 1873 plaintiff and defendant were married women living with their husbands, who were brothers, in Milwaukee, Wisconsin. Defendant’s husband died in 1881. She is now the wife of James De Baun. At the time first mentioned defendant had a separate estate and was engaged in business on her own account.
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Appeal from an order of the circuit court for Milwaukee county: LaweeNCe W. Halsey, Circuit Judge. The following is the substance of the complaint: In 1873 plaintiff and defendant were married women living with their husbands, who were brothers, in Milwaukee, Wisconsin. Defendant’s husband died in 1881. She is now the wife of James De Baun. At the time first mentioned defendant had a separate estate and was engaged in business on her own account. Plaintiff and her husband removed to Paris, France, in 1873, and there resided for about three years. At the time of such removal they owned real…
1Opinion of the CourtMaeshaxx, J.
The pleader attempted to set out a cause of action for an accounting by a trustee of an express trust, — that particular kind of an express trust that can only be dealt with in a court of equity, hence one not subject to statutes of limitations so long as there is no denial or repudiation of the trust. That the pleader failed to state facts sufficient to constitute such a cause of action is apparent from the most casual examination of the complaint. It states clearly that defendant and her husband, acting as agents for respondent’s hus*326band, sold land belonging to him, receiving as tbe…
2Cases cited4 opinions
- Kane v. BloodgoodNew York Court of Chancery · 1823
- Boyd v. Mutual Fire Ass'nWisconsin Supreme Court · 1903
- Williams v. WilliamsWisconsin Supreme Court · 1892
- Taylor v. HillWisconsin Supreme Court · 1893
3Cited by18 opinions
- Pietsch v. MilbrathWisconsin Supreme Court · 1905
- Ott v. BoringWisconsin Supreme Court · 1907
- Casper v. Kalt-Zimmers Manufacturing Co.Wisconsin Supreme Court · 1915
- McKenney v. MinahanWisconsin Supreme Court · 1903
- Figge v. BergenthalWisconsin Supreme Court · 1907
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