Stark v. Brown
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Milwaukee County. Action by David Drake and J. L. Stark, for tbe recovery of an undivided fourth of certain land in'Milwaukee county. Tbe defendant admitted bis possession of tbe land, and claimed title thereto. On tbe trial, tbe plaintiff proved that one Pliny Drake died intestate at Milwaukee, in April, 1838, seized in fee of tbe land in controversy, leaving , surviving him bis mother and nine brothers and sisters, bis sole heirs at law.
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APPEAL from tbe Circuit Court for Milwaukee County. Action by David Drake and J. L. Stark, for tbe recovery of an undivided fourth of certain land in'Milwaukee county. Tbe defendant admitted bis possession of tbe land, and claimed title thereto. On tbe trial, tbe plaintiff proved that one Pliny Drake died intestate at Milwaukee, in April, 1838, seized in fee of tbe land in controversy, leaving , surviving him bis mother and nine brothers and sisters, bis sole heirs at law. Of these heirs, David Drake was one, and bad received from bis mother and six of bis brothers and sisters a quit-claim…
1Opinion of the Court
By the Court,
PAINE, J.
This was an action of ejectment. It was conceded that the title was originally in Pliny Drake, who died in April, 1838. The plaintiffs claim, one as one of his heirs, and both under the other heirs. The defendant claims under a foreclosure proceeding upon a mortgage executed by Pliny Drake, which was instituted after his death, and to which his administrator alone was made a party.
The defendant claims, first, that this proceeding was effectual to transfer the entire title to the purchaser at the foreclosure sale, divested of all right of the heirs; and secondly, if not,…
2Cases cited8 opinions
- Grignon's Lessee v. ASTORSupreme Court of the United States · 1844
- Wilson v. TroupCourt for the Trial of Impeachments and Correction of Errors · 1823
- Watson & Polhemus v. SpenceNew York Supreme Court · 1838
- Warder v. TainterSupreme Court of Pennsylvania · 1835
- Jackson ex dem. Curtis v. BronsonNew York Supreme Court · 1822
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3Cited by20 opinions
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