McMillen v. Mason
Wisconsin Supreme Court
APPEAL from the Circuit Court for Marquette County. The following statement of the case was prepared by Mr. Justice Taylor as a part of the opinion: This is an appeal from a judgment entered upon an order sustaining a demurrer to the amended complaint.
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APPEAL from the Circuit Court for Marquette County. The following statement of the case was prepared by Mr. Justice Taylor as a part of the opinion: This is an appeal from a judgment entered upon an order sustaining a demurrer to the amended complaint. The following are the facts alleged in the complaint: (1) That the plaintiff is the administrator of the estate of Eobert McMillen, deceased, who died January, 1885. (2) That in September, 1865, Owen White died possessed of 160 acres of land (describing it)-; that he left a widow and two children (daughters); that he died testate, leaving a…
1Opinion of the CourtTayloe, J.
Upon a careful reading of the complaint, it is difficult to find any sufficient allegations in the complaint which would entitle the plaintiff to any relief from a court of equity. There is certainly nothing in the case made by the complaint which would justify the court in granting the relief prayed for as to the $300 mortgage. There are no allegations which tend to show that it ever has been paid, and nothing stated which could hinder the defendants the Masons from purchasing it. It was a lien on the premises to which all other claims against the estate of Daniel Boyle and Margaret Boyle…
2Cited by2 opinions
- Seymour Water Co. v. City of SeymourIndiana Supreme Court · 1904
- Kelley v. KelleyWisconsin Supreme Court · 1891