Thrall v. Thrall
Wisconsin Supreme Court
APPEAL from the Circuit Court for Winnebago County. Ejectment. The parties are the children and heirs at law of William and Phoebe Thrall. The action is by five of them against the sixth, to recover their shares of the land both as the heirs of their mother, who owned the land in fee, and as the heirs of their father, who, as they claimed, owned a leasehold interest therein, the term of which had not expired.
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APPEAL from the Circuit Court for Winnebago County. Ejectment. The parties are the children and heirs at law of William and Phoebe Thrall. The action is by five of them against the sixth, to recover their shares of the land both as the heirs of their mother, who owned the land in fee, and as the heirs of their father, who, as they claimed, owned a leasehold interest therein, the term of which had not expired. The mother died in August, 1875, and the father died in September, 1881. Other facts will sufficiently appear from the opinion. The plaintiffs appealed from a judgment in favor of the…
1Opinion of the Court
Cole, O. J.
As a defense to the action of ejectment the defendant sot up an equitable counterclaim, to the effect that his mother, Phcebe Thrall, in the fall of 1868, entered into a contract with him by which she agreed, in consideration that he would return from New York; live and reside upon the farm in controvers}'; improve and work the same; support, provide for, and maintain her and his father (her husband) during their natural lives,— that the premises *506should become and be his sole and separate property. He alleges that he did return in the spring of 1869; took possession of the farm, in…
2Cited by9 opinions
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- National Bank of Greensboro v. GilmerSupreme Court of North Carolina · 1895
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