Idema v. Comstock
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Vilas county: W. 0. SilveethobN, Circuit Judge. The appeal is from an order confirming the report of a referee in an action for partition of real estate and directing a sale of the premises.
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Appeal from a judgment of tbe circuit court for Vilas county: W. 0. SilveethobN, Circuit Judge. The appeal is from an order confirming the report of a referee in an action for partition of real estate and directing a sale of the premises. The action was brought for the partition of the northeast quarter of the southeast quarter and the southwest quarter of the southeast quarter of section number twenty (20), township number forty-four (44) north, of range number five (5) east, in Vilas county, Wisconsin, the plaintiff being the owner of an undivided two-thirds interest and the defendant J. M.…
1Opinion of the CourtMarshall, J.
Tbe sole question bere is this: Is the finding of the referee, that neither the premises nor any 'distinct portion thereof is so situated that a partition thereof can be made without great prejudice to the owners, against the clear preponderance of the evidence?
The subject with which the referee had to deal was a pure matter of fact, therefore his decision, confirmed by the circuit court, must be given the same dignity on appeal as is required by the established practice as to any conclusion of fact made by a trial court.
True, as argued by counsel for appellant, the judicial rule of long…
2Cases cited1 opinion
- Vesper v. FarnsworthWisconsin Supreme Court · 1876
3Cited by19 opinions
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- Boltz v. BoltzCourt of Appeals of Wisconsin · 1986
- Nordgaarden v. KiebertIdaho Supreme Court · 2023
- Haggerty v. NoblesOregon Supreme Court · 1966
- Johnson v. HendricksonSouth Dakota Supreme Court · 1946
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