Blossom v. Ferguson
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Milwaukee County. T^ie complaint alleged tbat tbe plaintiff was seized in fee, as tenant in common witb tbe defendant, of an undivided fourth part of lots 5, 6, 7 and 8, of tbe subdivision of lot 10 in tbe N. E. qr. of a certain sec. 82, according to a certain-plat therein referred to, and prayed for a partition. Tbe defendant admitted tbe allegations of tbe complaint, except as to lot 8, of wbicb be claimed to be sole owner.
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APPEAL from tbe Circuit Court for Milwaukee County. T^ie complaint alleged tbat tbe plaintiff was seized in fee, as tenant in common witb tbe defendant, of an undivided fourth part of lots 5, 6, 7 and 8, of tbe subdivision of lot 10 in tbe N. E. qr. of a certain sec. 82, according to a certain-plat therein referred to, and prayed for a partition. Tbe defendant admitted tbe allegations of tbe complaint, except as to lot 8, of wbicb be claimed to be sole owner. Tbe circuit court found, among its conclusions of law, tbat tbe deed from Walker to Martin in 1842, was a quit-claim deed. Tbe other…
1Opinion of the Court
By the Court,
Cole, J.
The objection taken by the counsel for the respondent, that there is no bill of exceptions or case made containing the testimony offered on the trial, is valid to prevent us from considering any questions which do not arise upon the record and pleadings. If certain matters are admitted by the pleadings or found as facts by the court, we suppose we can then look at the judgment to see if it is supported by the pleadings and finding. And this we must do, although there is no exception to the finding of the court, because it is an error patent upon the record, and needs no…
2Cited by16 opinions
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- Fell v. MullerIndiana Supreme Court · 1881
- Merchants Nat. Bank v. McKinneySouth Dakota Supreme Court · 1891
- Gardner v. CaylorIndiana Court of Appeals · 1900
- Tyson v. City of MilwaukeeWisconsin Supreme Court · 1880
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