Gillett v. Treganza
Wisconsin Supreme Court
APPEAL from the Circuit Court for La Fayette County. The facts alleged in this case are in substance as follows: in 1848 one Benoni R. Grillett died intestate, leaving plaintiff, William W. Gfillett, with eight brothers and sisters, his only heirs at law-. At the time of his death, said Benoni was in possession of, and claimed a& mineral lands, the whole of the tract in question, the title to the same being in the U. S. In 1852, Philo Gillett was duly appointed administrator…
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APPEAL from the Circuit Court for La Fayette County. The facts alleged in this case are in substance as follows: in 1848 one Benoni R. Grillett died intestate, leaving plaintiff, William W. Gfillett, with eight brothers and sisters, his only heirs at law-. At the time of his death, said Benoni was in possession of, and claimed a& mineral lands, the whole of the tract in question, the title to the same being in the U. S. In 1852, Philo Gillett was duly appointed administrator de lonis non of said Benoni. In 1854, the tract in question, and others claimed as mineral lands, were offered for sale…
1Opinion of the Court
By the Court,
Dixos, C. J.
If we could concede that the appellant’s counsel are correct in their position that the facts stated in the complaint show the legal title of the land in question to be in the appellant, it might then be unnecessary for us to inquire into the true nature and object' of the present action. For if that position were correct, such inquiry would be immaterial, inasmuch as the restraining of the *475commission and continuance of tbe acts of waste, of which complaint is made, pending the litigation, would be an propriate means of relief, whatever might be the particular form…
2Cited by17 opinions
- Supervisors of Kewaunee County v. DeckerWisconsin Supreme Court · 1872
- Gannon v. PetersonIllinois Supreme Court · 1901
- Jones v. RobertsWisconsin Supreme Court · 1893
- Estate of O'NeillWisconsin Supreme Court · 1895
- Furlong v. GarrettWisconsin Supreme Court · 1878
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