Weston v. Weston
Wisconsin Supreme Court
APPEAL from the Circuit Court for Portage County. This action was brought against Paul Weston alone, to enforce a lien pursuant to eh. 153, R. S. 1858, for the price and value of labor performed and materials furnished by plaintiffs in the construction of a dwelling-house on a lot of the defendant described in the complaint.
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APPEAL from the Circuit Court for Portage County. This action was brought against Paul Weston alone, to enforce a lien pursuant to eh. 153, R. S. 1858, for the price and value of labor performed and materials furnished by plaintiffs in the construction of a dwelling-house on a lot of the defendant described in the complaint. The action was undefended, and plaintiffs recovered the amount of their claim, which was adjudged a specific lien on such dwelling-house and the interest of the defendant in such lot. A few days after the judgment was recovered, Effie J. Weston, defendant’s wife,…
1Opinion of the CourtLvoir, J.
While it may be true that the statute does not mate the wife a joint tenant with her husband of the homestead, or vest in her an interest in the fee, yet it does confer upon her valuable rights therein. It gives her the right of occupancy and enjoyment thereof with her husband as against his creditors, and an absolute veto on his power to alienate it. In case the husband dies intestate, the homestead descends to his widow, absolutely if he leaves no children surviving him, and during her widowhood if he does. Tay. Stats., 1171, § 5. These are additional to her dower right, which manifestly is…
2Cases cited4 opinions
- McCoy v. QuickWisconsin Supreme Court · 1872
- Madigan v. WalshWisconsin Supreme Court · 1868
- Read v. SangWisconsin Supreme Court · 1867
- Bean v. FisherWisconsin Supreme Court · 1861
3Cited by8 opinions
- Pittock v. BuckIdaho Supreme Court · 1908
- Huntzicker v. CrockerWisconsin Supreme Court · 1908
- Leffers v. HayesAppellate Court of Illinois · 1945
- Hausmann Bros. Manufacturing Co. v. KempfertWisconsin Supreme Court · 1896
- Krueger v. GrothWisconsin Supreme Court · 1926
3 more not listed; retrieve them via the Exa API.