Plano Manufacturing Co. v. Kindschi
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Sauk county: E. Ray Stevens, Circuit Judge. This is an appeal from a judgment dismissing the plaintiff’s complaint with costs.
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Appeal from a judgment of the circuit court for Sauk county: E. Ray Stevens, Circuit Judge. This is an appeal from a judgment dismissing the plaintiff’s complaint with costs. The complaint alleges, substantially, that the plaintiff was authorized to do business in Wisconsin, and the defendants are interested in the land in question; that the interest of defendant Anna Kindschi and Wanda E. Thomas is limited to that of dower right of their respective husbands; that the estate of the parties to this action arose as follows: The real estate hereinafter described was possessed in fee simple by…
1Opinion of the CourtKerwin, J.
Tbe complaint shows tbat tbe plaintiff and defendant H. H. Thomas were at tbe time tbe action was commenced tenants in common of tbe life estate. Tbe answering defendants are owners of tbe reversion and deny tbe right of tbe plaintiff to partition, and further deny tbat plaintiff is entitled to sale of tbe fee or reversionary interest in the property, and further insist tbat they are improper parties defendant and tbat tbe court below properly dismissed tbe complaint. Tbe statute expressly regulates tbe subject and provides tbat joint tenants or tenants in common may bave partition, and tbat…
2Cases cited9 opinions
- Aydlett v. . PendletonSupreme Court of North Carolina · 1892
- Metcalfe v. MillerMichigan Supreme Court · 1893
- Seiders v. GilesSupreme Court of Pennsylvania · 1891
- Morse v. StockmanWisconsin Supreme Court · 1885
- Hinman v. HinmanWisconsin Supreme Court · 1905
4 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Teasley v. HulmeSupreme Court of Georgia · 1920
- Teasley v. HulmeSupreme Court of Georgia · 1920