Duress v. Horneffer
Wisconsin Supreme Court
APPEAL from the Circuit Court for Ozaulcee County. The plaintiffs in this action were Patricio Duress and Bridget Duress. The case is stated in the opinion of the court. Yerdict and judgment in the circuit court for the plaintiffs. Where property is claimed by a married woman, she must show that she owned it at the time of her marriage, or acquired it afterwards by gift, bequest or purchase.
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APPEAL from the Circuit Court for Ozaulcee County. The plaintiffs in this action were Patricio Duress and Bridget Duress. The case is stated in the opinion of the court. Yerdict and judgment in the circuit court for the plaintiffs. Where property is claimed by a married woman, she must show that she owned it at the time of her marriage, or acquired it afterwards by gift, bequest or purchase. In the case of a purchase after her marriage, the burden is upon her to prove distinctly that she paid for it with funds which were not ftimished by her husband. 18 Penn. St., 363; 21 id., 349 ; 6 Wis.,…
1Opinion of the Court
By the Court,
Cole, J.
On the trial of this action at the circuit, the court was asked by the appellant to instruct the jury, in effect, that to entitle the plaintiffs to recover, they must prove that the interest of the plaintiff, Bridget Duress, in the wood at the time it was taken by him, was her sole and separate property, and that if there was no testimony to establish that fact, the verdict must be in his favor. The court refused this instruction, but charged the jury that under the complaint and answer, it was not necessary to prove that the interest of Bridget Duress in the wood was her…
2Cases cited1 opinion
- Stanton v. KirschWisconsin Supreme Court · 1858
3Cited by4 opinions
- Horton v. DeweyWisconsin Supreme Court · 1881
- Fisher v. ShelverWisconsin Supreme Court · 1881
- Read v. SangWisconsin Supreme Court · 1867
- Arndt v. HarshawWisconsin Supreme Court · 1881