Stewart v. Stewart
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for ‘Wauke-sha county: A. Scott Sloaít, Circuit Judge. On February 3, 1860, one Alexander Stewart, being the owner and in possession of the forty acres of land in question, made an ordinary warranty deed of the same, running to two of his nephews, both sons of his deceased brother Archibald, to wit, the defendant, Archibald Stewart, and his brother, James A. Stewart.
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Appeal from a judgment of the circuit court for ‘Wauke-sha county: A. Scott Sloaít, Circuit Judge. On February 3, 1860, one Alexander Stewart, being the owner and in possession of the forty acres of land in question, made an ordinary warranty deed of the same, running to two of his nephews, both sons of his deceased brother Archibald, to wit, the defendant, Archibald Stewart, and his brother, James A. Stewart. Said James A. and said Archibald -went into possession of said premises under said deed at the time of its execution. Said real estate was very stony and rough, and at that time there…
1Opinion of the CourtCassoday, J.
Upon the former appeal in this case it was. fully determined that the decree in the equity suit, entered June 12, 1819, and affirmed by this court (50 Wis. 445), to. the effect that the deed of February 3, 1860, was never in. fact delivered, and that the plaintiff in this action of ejectment, commenced May 27, 1891, and the defendant, are tenants in common, each owning an undivided one-half of the-premises, was conclusive. 83 Wis. 364. The questions now presented for consideration are as to the amount, if anything, the defendant, Archibald, should be allowed for improvements and expenditures,…
2Cases cited17 opinions
- Levy v. MartinWisconsin Supreme Court · 1880
- Blodgett v. HittWisconsin Supreme Court · 1871
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