Gibson v. Gibson
Wisconsin Supreme Court
Appeal from a judgment of-the circuit court for "Wauke-sha county: Warham Pares, Circuit Judge. This is an action of ejectment to recover 103A6 acres of land situated in sections 4 and 5 of the town of Delafield and sections 32 and 33 of the town of Merton, in "Waukesha county, Wisconsin.
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Appeal from a judgment of-the circuit court for "Wauke-sha county: Warham Pares, Circuit Judge. This is an action of ejectment to recover 103A6 acres of land situated in sections 4 and 5 of the town of Delafield and sections 32 and 33 of the town of Merton, in "Waukesha county, Wisconsin. The," defendants claim title under an administratois’ sale, and the plaintiff contends that the evidence shows that the administrator was directly or indirectly interested in such sale, and hence that it was void. Trial by jury was waived, and the action was tried by tbe court. The evidence showed that on…
1Opinion of the CourtWinslow, J.
In harmony with well-known common-law principles, our statute (Stats. 1898, sec. 3914) has long provided that an executor, administrator, or guardian shall not be directly or indirectly interested in the purchase of any real estate sold by him in his official capacity, and that, if he be so interested, the sale shall be void. The word "void ” in this section has been construed to mean “ voidable,” by this court. Melms v. Pabst B. Co. 93 Wis. 153. The integrity of this statute has always been jealously maintained by this court. McCrubb v. Bray, 36 Wis. 333; Martin v. Morris, 62 Wis. 418; In re…
2Cases cited9 opinions
- Melms v. Pabst Brewing Co.Wisconsin Supreme Court · 1896
- Spiess v. NeubergWisconsin Supreme Court · 1888
- In re Taylor Orphan AsylumWisconsin Supreme Court · 1875
- Prickett v. MuckWisconsin Supreme Court · 1889
- McCrubb v. BrayWisconsin Supreme Court · 1874
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Post v. CampbellWisconsin Supreme Court · 1901
- Good v. StarkerWisconsin Supreme Court · 1934
- Steinberg v. SaltzmanWisconsin Supreme Court · 1907
- Keilly v. SeversonWisconsin Supreme Court · 1912
- Will of HoyaWisconsin Supreme Court · 1921
2 more not listed; retrieve them via the Exa API.