Morgan v. Mueller
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Winnebago county: Geo. W. Buenell, Circuit Judge. Action for partition. The plaintiff Morgcm is alleged to be the owner of one fourth, Lloyd one eighth, and defendants Mueller of five eighths, of the premises in suit. Bouclc, is made a defendant as holding a mortgage on the defendants’ interest.
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Appeal from a judgment of the circuit court for Winnebago county: Geo. W. Buenell, Circuit Judge. Action for partition. The plaintiff Morgcm is alleged to be the owner of one fourth, Lloyd one eighth, and defendants Mueller of five eighths, of the premises in suit. Bouclc, is made a defendant as holding a mortgage on the defendants’ interest. The defendant Augiost Mueller answered, setting •up that on March 24, 1898, the lands in question were owned by the plaintiff Lloyd and seven other persons, each owning an undivided one eighth interest; that on said day one Scribner was the lawful agent…
1Opinion of the CourtBabdeeh, J.
The action of the court below seems to have been based upon the idea that defendant’s possession was ■exclusive and adverse to plaintiffs, and that the rights of the parties could not be determined in an action for partition, under Deery v. McClintock, 31 Wis. 195, and other cases in this court. The view we have taken of the case renders it unnecessary to consider or determine whether, the same matter having been set up both in abatement and as a counterclaim, the former is deemed to be waived, as suggested in Hooker v. Greene, 50 Wis. 271.
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2Cases cited6 opinions
- Deery v. McClintockWisconsin Supreme Court · 1872
- Furlong v. GarrettWisconsin Supreme Court · 1878
- Morse v. StockmanWisconsin Supreme Court · 1885
- Hooker v. GreeneWisconsin Supreme Court · 1880
- Simpson v. SneclodeWisconsin Supreme Court · 1892
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- O'Hearn v. O'HearnWisconsin Supreme Court · 1902
- Eau Claire National Bank v. Chippewa Valley BankWisconsin Supreme Court · 1905
- Kaneohe Rice Mill Co. v. HoliHawaii Supreme Court · 1911