Truesdell v. Rhodes
Wisconsin Supreme Court
APPEAL from the Circuit Court for Kenosha County. This action was brought by Calvin Truesdell and Sarah Truesdell, his wife, against James Ozanne, Jr., Jonas W. Rhodes, Charles D. Rhodes, and “ the unknown heirs of Wm. Rhodes, deceased, and the unknown owners” of certain described lands.
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APPEAL from the Circuit Court for Kenosha County. This action was brought by Calvin Truesdell and Sarah Truesdell, his wife, against James Ozanne, Jr., Jonas W. Rhodes, Charles D. Rhodes, and “ the unknown heirs of Wm. Rhodes, deceased, and the unknown owners” of certain described lands. The facts alleged in the complaint are substantially as follows : 1. That sometime in 1857, William Rhodes died intestate, being at the time of his death owner and in possession' of the lands in dispute, and left surviving him Jonas W. Rhodes and Charles D. Rhodes, his children, and other heirs-at-law to the…
1Opinion of the CourtDixon, C. J.
The complaint states a good cause of action under ch. 22, Laws of 1859, in pursuance of which the action is instituted. It contains every allegation, matter and thing required by section 37; and that is sufficient. It shows that the appellant is a proper party defendant under the provisions of section 35, as one of the heirs-at-law of William Rhodes, deceased, who owned the land at the time of the tax sale. The complaint being thus sufficient under the statute, the question is raised whether it is not rendered multifarious-or double, and therefore demurrable, by reason of the other matters…
2Cases cited3 opinions
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