Van Matre v. Swank
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for La Eayette county: Geoege OlembNT’soN, Circuit Judge. One Elijah Swank in his lifetime owned the forty-acre tract in controversy in this action. He died intestate in 1861, leaving a widow and several brothers and sisters, but no children.
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Appeal from a judgment of tbe circuit court for La Eayette county: Geoege OlembNT’soN, Circuit Judge. One Elijah Swank in his lifetime owned the forty-acre tract in controversy in this action. He died intestate in 1861, leaving a widow and several brothers and sisters, but no children. The land involved was used and occupied as a homestead during the life of Swank, and his widow occupied it as a homestead until her remarriage in 1863 to one Dobbs, and thereafter she and her second husband continued to occupy it as their home until his death in 1897, and thereafter she continued to occupy it…
1Opinion of the Court
The following opinion was filed June 1, 1911:
Baenes, J.
' If the widow of Elijah Swank took an estate-in fee in the homestead on the death of her first husband, then it follows that her heirs are entitled to the land in suit. If, as the trial court held, the widow took only a homestead right in the premises during widowhood, we think the same result would follow. In that event Mrs. Dobbs, formerly Swank, occupied the land continuously for forty-four years after her *95second marriage, adversely to the heirs at law of her first husband. It is true that during thirty-four years of this time the…
2Cases cited2 opinions
- Ferguson v. MasonWisconsin Supreme Court · 1884
- Jerdee v. FurbushWisconsin Supreme Court · 1902
3Cited by8 opinions
- Commercial Building Co. v. ParslowSupreme Court of Florida · 1927
- Fairlie v. ScottSupreme Court of Florida · 1924
- Dailey v. PughIndiana Court of Appeals · 1921
- Estate of Onstad v. OnstadWisconsin Supreme Court · 1937
- In Re Swanson's EstateSouth Dakota Supreme Court · 1961
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