Farrell v. Hennesy
Wisconsin Supreme Court
ERROR to tbe Circuit Court for Bodge County. Tbe action below was ejectment by Mary Hennesy against Farrell, for eighty acres of land.
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ERROR to tbe Circuit Court for Bodge County. Tbe action below was ejectment by Mary Hennesy against Farrell, for eighty acres of land. Answer: 1. A general denial. 2. That one Michael Murphy died in said county in 1846, seized in fee of said land, leaving as his only heirs two minor children, Bridget and Catharine Murphy; that one Michael Mulvaney was duly appointed guardian of said children, and, under an order of the probate court, said land was sold by him at auction for the support and education of said children, which sale, however, the defendant alleges to have been void . that one…
1Opinion of the CourtCole, J.
It is insisted that the motion for nonsuit should have been granted, because the plaintiff, when she rested, had given no sufficient proof of title in herself to the premises in controversy when the action was commenced. It is true, the deeds put in evidence were objected to on the ground of irn-*635materiality; but no objection was taken that they were not sufficient in form to convey the title providing the probate proceedings were regular. Now we are of opinion that these deeds, together with the admissions in the second defense set up in the answer, relieved the plaintiff from the necessity…
2Cases cited4 opinions
- Douglass v. TouseyNew York Supreme Court · 1829
- Bunn v. HoytNew York Supreme Court · 1808
- Sexton v. RhamesWisconsin Supreme Court · 1860
- State v. AustinWisconsin Supreme Court · 1858
3Cited by8 opinions
- Cook v. . GuirkinSupreme Court of North Carolina · 1896
- McLaughlin v. AlexanderSouth Dakota Supreme Court · 1891
- Kersten v. WeichmanWisconsin Supreme Court · 1908
- Rhinehart v. WhiteheadWisconsin Supreme Court · 1885
- Perkins v. MorseSupreme Court of Minnesota · 1882
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