Peterman v. Kingsley
Wisconsin Supreme Court
Appeal from a judgment of the superior court of Lincoln county: AlmoN A. Helms, Judge. In February, 1905, B. C. Kingsley and John Ross were the owners of certain real estate in the city of Merrill on which had been erected a business block. During that month a portion of the block was leased by the plaintiffs W. F. and A. F. Peterman for a period of five years at an annual rental of $1,200, payable monthly in advance.
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Appeal from a judgment of the superior court of Lincoln county: AlmoN A. Helms, Judge. In February, 1905, B. C. Kingsley and John Ross were the owners of certain real estate in the city of Merrill on which had been erected a business block. During that month a portion of the block was leased by the plaintiffs W. F. and A. F. Peterman for a period of five years at an annual rental of $1,200, payable monthly in advance. Other portions of the' block were leased to other tenants, and a portion of the real estate was not leased to any one at tbe time tbis action was commenced. Tbe said lessees,…
1Opinion of the CourtEabNes, J.
The appellants contend that at the time the Petermans purchased the interest of Eoss in the real estate sought to be partitioned they were in possession of a portion thereof as tenants under a lease from the defendant Kingsley and their grantor, Eoss, which has not yet expired, and that they are still in possession under such lease, and that such possession is not sufficient to support an action for partition. Furthermore, that a sale of the premises in the partition proceeding might destroy the relation of landlord and tenant existing between Kingsley and the Petermans, and that a tenant…
2Cases cited3 opinions
- Hill v. RenoIllinois Supreme Court · 1883
- Eberts v. FisherMichigan Supreme Court · 1880
- Woodworth v. CampbellNew York Court of Chancery · 1835
3Cited by2 opinions
- Carolina Mineral Co. v. YoungSupreme Court of North Carolina · 1941
- Perkins v. LangdonSupreme Court of North Carolina · 1950