Town v. Gensch
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Fond du Lac county: R. S. Gilson, Circuit Judge. ■This is an action of ejectment to recover forty acres, of farm land; The land for many years was the homestead of one George Wells, who died, intestate April J, 1895. He-also owned some adjoining lands, which, together with the forty acres in suit, constituted his farm. The plaintiff was his only child and heir at law.
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Appeal from a judgment of the circuit court for Fond du Lac county: R. S. Gilson, Circuit Judge. ■This is an action of ejectment to recover forty acres, of farm land; The land for many years was the homestead of one George Wells, who died, intestate April J, 1895. He-also owned some adjoining lands, which, together with the forty acres in suit, constituted his farm. The plaintiff was his only child and heir at law. In March, 1891, Wells,, being then an aged man, lived on the farm and occupied the forty acres in question with his wife as a homestead; and one Rockwell S. Jenkins, son of Mrs.…
1Opinion of the Court
The following opinion was filed November 1, 1898:
Wiítslów, J.
Both parties claim title under George Wells, :and the sole important question in the case is whether the ■deed from Wells to-Jenkins was a valid deed. If valid, then judgment for the defendants was right, but if not, then the plaintiff must recover as the sole heir of Wells.
The land in controversy was the homestead of Wells, and his wife was alive at the time the deed was made. The .statute (R. S. 1878, sec. 2203) provides that “no mortgage or other alienation by a married man of his homestead, exempt by law from execution, shall be…
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