Legal Opinion

Wilke v. Wilke

Wisconsin Supreme Court

Decided June 15, 1871PublishedCited by 11 opinions

APPEAL from tbe Circuit Court for Fond du Lota County. Ejectment, for an undivided fralf of certain premises. Plaintiff claimed tmder a judgment Rendered in 1867, in an action lor divorce brought by ber against Wilhelm Wilke; by .which judgment a divorce was granted, and title to an undivided hall of the premises described in the complaint in this -action was awarded to -her by way of alimony.

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APPEAL from tbe Circuit Court for Fond du Lota County. Ejectment, for an undivided fralf of certain premises. Plaintiff claimed tmder a judgment Rendered in 1867, in an action lor divorce brought by ber against Wilhelm Wilke; by .which judgment a divorce was granted, and title to an undivided hall of the premises described in the complaint in this -action was awarded to -her by way of alimony. The nature of the evidence "by which she undertook to show in this action Wilhelm Wilke’s title to the premises,.will sufficiently appear from the opinion. The evidence was ruled out, and judgment of…

1Opinion of the CourtCole, J.

It appears that when the court dissolved the marriage contract at the October term, 1867, it further, by its judgment, transferred and set over to the plaintiff the real estate described in the complaint. At this time it is claimed the real estate really belonged to the defendant in the divorce suit, Wilhelm Wilke.

The plaintiff, to maintain her right to recover the possession _ of the property, offered to show by parol testimony the follow*298.ing facts: That in 1849 tbe title to tbe real estate was in one Christopher Baker; that Baker and wife, in July, 1849, by a warranty deed, conveyed tbe…

2Cases cited2 opinions

  1. Parker v. KaneWisconsin Supreme Court · 1856
  2. Donovan v. DonovanWisconsin Supreme Court · 1866

3Cited by11 opinions

  1. Johnson v. BurnsideSouth Dakota Supreme Court · 1892
  2. Albright v. AlbrightWisconsin Supreme Court · 1888
  3. Rogers v. RogersWisconsin Supreme Court · 1881
  4. Lampe v. KennedyWisconsin Supreme Court · 1882
  5. Wheeler v. SingleWisconsin Supreme Court · 1885

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