Legal Opinion

Hubbard v. Burrell

Wisconsin Supreme Court

Decided January 15, 1877PublishedCited by 12 opinions

APPEAL from tbe Circuit Court for Ozaukee County. This action was commenced in April, 1876. Tbe complaint alleges, in substance, that tbe plaintiff, Frederick Hubbard, now of tbe age of twenty-one years, and one James Hubbard, now of tbe age of about twenty years, are tbe only children and beirs-at-law of Mary Hubbard, wbo died May 20, 1S66; that said Mary Hubbard, being tben a widow, on the 21th of March, 1866, was the owner in fee simple and in possession of certain…

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APPEAL from tbe Circuit Court for Ozaukee County. This action was commenced in April, 1876. Tbe complaint alleges, in substance, that tbe plaintiff, Frederick Hubbard, now of tbe age of twenty-one years, and one James Hubbard, now of tbe age of about twenty years, are tbe only children and beirs-at-law of Mary Hubbard, wbo died May 20, 1S66; that said Mary Hubbard, being tben a widow, on the 21th of March, 1866, was the owner in fee simple and in possession of certain described real estate; that upon that day, being very sick and in very feeble health, she conveyed the said real property to…

1Opinion of the CourtCole, J.

The first ground of demurrer is, that James Hubbard should have been made a party either as plaintiff or defendant. The answer to this objection is, that by the demurrer the trust is admitted, and it is also admitted that the defendant holds one-half of the proceeds of the sale of the land, which is of the value of $1,250, in trust for the plaintiff, who is entitled to the samel Under these circumstances there is no valid reason against his maintaining an action to recover his share of the funds. The general rule doubtless is, that in suits respecting the trustj property, brought either by or…

2Cases cited2 opinions

  1. Siemon v. . SchurckNew York Court of Appeals · 1864
  2. General Mutual Insurance v. BensonThe Superior Court of New York City · 1855

3Cited by12 opinions

  1. United States v. DunnSupreme Court of the United States · 1925
  2. Carkonen v. AlbertsWashington Supreme Court · 1938
  3. Cameron v. WhiteSupreme Court of Oklahoma · 1927
  4. Krzysko v. GaudynskiWisconsin Supreme Court · 1932
  5. State ex rel. Jackson v. BradleySupreme Court of Missouri · 1906

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