Allie v. Schmitz
Wisconsin Supreme Court
ERROR to the Circuit Court for Dane County. Felicite Allie brought an action in said circuit court against John A. Schmitt, to recover an undivided third of a certain section of land. The answer set up title to the premises in the defendant, under a tax sale made in 1851, and a tax deed recorded in 1854, and subsequent continuous occupation of the premises by the defendant for more than three years and down to the commencement of the action.
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ERROR to the Circuit Court for Dane County. Felicite Allie brought an action in said circuit court against John A. Schmitt, to recover an undivided third of a certain section of land. The answer set up title to the premises in the defendant, under a tax sale made in 1851, and a tax deed recorded in 1854, and subsequent continuous occupation of the premises by the defendant for more than three years and down to the commencement of the action. On the trial, the plaintiff read in evidence a patent from the United States to Phelisse Secuyer for said section of land, granted in 1848. She then…
1Opinion of the Court
By ike Court,
DixoN, C. J.
The judgment below must be affirmed, for the reason stated by the learned judge in his instructions to the jury, that Joseph Allie, the plaintiff’s husband, was not joined in the action. The plaintiff saw fit to rest her title upon the evidence afforded by the decree of partition, and according to that it was vested jointly in herself and her husband. It was expressly adjudged by the decree that she and her husband were “ seized of and entitled to the one equal undivided third part of the premises,” for which this suit is brought, and the commissioners were directed…
2Cases cited3 opinions
- Holmes v. SeelyNew York Supreme Court · 1837
- Ketchum v. WalsworthWisconsin Supreme Court · 1856
- Tallman v. McCartyWisconsin Supreme Court · 1860
3Cited by10 opinions
- Bresee v. StilesWisconsin Supreme Court · 1867
- Riehl v. BingenheimerWisconsin Supreme Court · 1871
- Bitzer v. MerckeCourt of Appeals of Kentucky · 1901
- Johnson v. MillerAppellate Court of Illinois · 1893
- Illinois Steel Co. v. KonkelWisconsin Supreme Court · 1911
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