Norton v. Clark
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Rock county: G-eoege Gkdoi, Circuit Judge. Tbis is an action by tbe daughter and one of tbe beirs of James M. Tenley, deceased, to recover, for tbe estate, moneys, alleged to bave been obtained from tbe deceased by tbe defendant George H. Ciarle through fraud and undue influence, coupled with a lack of mental capacity on tbe part of Tenley to dispose of bis property, and to declare the judgment recovered a lien on tbe real…
Read the full summary
Appeal from a judgment of tbe circuit court for Rock county: G-eoege Gkdoi, Circuit Judge. Tbis is an action by tbe daughter and one of tbe beirs of James M. Tenley, deceased, to recover, for tbe estate, moneys, alleged to bave been obtained from tbe deceased by tbe defendant George H. Ciarle through fraud and undue influence, coupled with a lack of mental capacity on tbe part of Tenley to dispose of bis property, and to declare the judgment recovered a lien on tbe real estate of tbe said defendant situated in this state, alleged to bave been purchased with tbe money received from Tenley. Tbe…
1Opinion of the CourtViNJB, J.
Tbe defendants claim that plaintiff, being an heir, and there being an executor appointed and acting in Illinois, cannot maintain the action without proof that a right of action has been transí erred to her in the course of administration, and, there being no evidence of such transfer, the action should be dismissed. Several other questions also arise as to the right of plaintiff to maintain the action, namely: Can an action to recover personal property, belonging to an estate, in any event be brought by an heir ? Can a foreign heir come into the courts of this state to maintain such action,…
2Cases cited8 opinions
- Cole v. GetzingerWisconsin Supreme Court · 1897
- Davis v. DeanWisconsin Supreme Court · 1886
- Vance v. DavisWisconsin Supreme Court · 1903
- Doyle v. WelchWisconsin Supreme Court · 1898
- Quinn v. QuinnWisconsin Supreme Court · 1907
3 more not listed; retrieve them via the Exa API.