Wier v. Simmons
Wisconsin Supreme Court
APPEAL from the Circuit Court for Iowa County. The case is thus stated by Mr. Justice Tayloe : “ This is an appeal from an order overruling a demurrer to the complaint. The principal ground of demurrer was that the complaint does not state facts sufficient to constitute a •cause of action.
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APPEAL from the Circuit Court for Iowa County. The case is thus stated by Mr. Justice Tayloe : “ This is an appeal from an order overruling a demurrer to the complaint. The principal ground of demurrer was that the complaint does not state facts sufficient to constitute a •cause of action. The following is so much of the complaint as is necessary to the discussion of the questions arising upon the demurrer: “£ 1st. That on the 5th day of July, 1862, one John Blotz was the owner in fee-simple of the W. ■§■ of the N. E. \ of section No. seven (Y), in township No. five (5) N., of range No. four…
1Opinion of the CourtTavlor, J.
The important question to be determined on this appeal is whether, by the terms of the deed from Blotz ±o Frank Eeichling, set out in the complaint, Nicholas Eeich-ling took the title in fee to the lands described in said deed after the death of said Frank Eeichling, charged with the payment of $111 to his brother and to each of his sisters within five years after the death of his father, Frank Eeichling, or whether he took the estate subject to forfeiture in case he refused to pay said several sums to his brother and sisters within the time fixed. On the part of the learned counsel for the…
2Cases cited9 opinions
- Lupton v. LuptonNew York Court of Chancery · 1817
- Harris v. FlyNew York Court of Chancery · 1839
- Lawe v. HydeWisconsin Supreme Court · 1876
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- Morse v. Buffalo Fire & Marine InsuranceWisconsin Supreme Court · 1872
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3Cited by23 opinions
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- Clapp v. WilderMassachusetts Supreme Judicial Court · 1900
- Jacobs v. SpaldingWisconsin Supreme Court · 1888
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- Polebitzke v. John Week Lumber Co.Wisconsin Supreme Court · 1914
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