Legal Opinion

Barker v. Barker

Wisconsin Supreme Court

Decided July 10, 1860PublishedCited by 41 opinions

APPEAL from the Circuit Court for Dane County. This was an action by Phaibe Barker and Edwin Barker for partition of the real estate of which Job Barker died seized. Phcebe Barker claimed to own two-eighths of the estate by chase from Walter Barker and Angeline March. Edwin Barker ¡ claimed one-eighth by descent.

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APPEAL from the Circuit Court for Dane County. This was an action by Phaibe Barker and Edwin Barker for partition of the real estate of which Job Barker died seized. Phcebe Barker claimed to own two-eighths of the estate by chase from Walter Barker and Angeline March. Edwin Barker ¡ claimed one-eighth by descent. The defendants in the suit (were Walter Barker, Angeline March, Mary Rogers, Cecilia, George, Julius and Bugenia Barker, all of whom were children and heirs of Job Barker deceased, and Leonard March, the husband of Angeline March, and Anson Rogers, the husband of Mary Rogers. The…

1Opinion of the Court

By the Court,

Paine, J.

This suit was brought by the re.spondents to obtain, partition of certain real estate. } complaint sets forth that Job Barker died leaving there-jspondent Phcebe his widow, and Walter Barher and Angdine 'March, two children by a former wife, and six children by said Phcebe, his heirs at law, each entitled to one-eighth of the real estate, subject to her right of dower. It avers that her dower had been assigned, and that she had purchased the shares of Walt&r Barher and Angdine March, but that notwithstanding the purchase, they still pretend to have some interest in the…

2Cases cited5 opinions

  1. Smedes v. President of Bank of UticaNew York Supreme Court · 1823
  2. Thallhimer v. BrinckerhoffNew York Supreme Court · 1824
  3. Arden v. PattersonNew York Court of Chancery · 1821
  4. Watson v. HuttoSupreme Court of Alabama · 1855
  5. Thompson v. WarrenCourt of Appeals of Kentucky · 1848

3Cited by41 opinions

  1. Harrigan v. GilchristWisconsin Supreme Court · 1904
  2. Ludington v. PattonWisconsin Supreme Court · 1901
  3. Preston & Stetson v. McMillanSupreme Court of Alabama · 1877
  4. Bent v. PriestSupreme Court of Missouri · 1885
  5. D'ANGELO v. Cornell Paperboard Products Co.Wisconsin Supreme Court · 1963

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