Harley v. Harley
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Dunn county; E. W. Helms, Circuit Judge. Action of ejectment. Tbe matter litigated and basis for judgment as indicated in tbe findings may be concisely stated tbns: Plaintiff bolds tbe legal title to tbe premises in dispute consisting of eighty acres of land. He is tbe father of Charles Harley, who died intestate August 12, 1903,-leaving surviving the defendant, bis widow, and three children.
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Appeal from a judgment of tbe circuit court for Dunn county; E. W. Helms, Circuit Judge. Action of ejectment. Tbe matter litigated and basis for judgment as indicated in tbe findings may be concisely stated tbns: Plaintiff bolds tbe legal title to tbe premises in dispute consisting of eighty acres of land. He is tbe father of Charles Harley, who died intestate August 12, 1903,-leaving surviving the defendant, bis widow, and three children. Prior to the marriage of defendant and Charles plaintiff gave the latter the real estate mentioned with the understanding that he and defendant should…
1Opinion of the CourtMaRShall, J.
The learned trial court decided this ease upon the theory that, because of plaintiff having the bare legal title to the properly in question without any real right of possession,' — the whole equitable title and beneficial interest being, as was supposed, in the minor heirs of the deceased; husband of appellant and, necessarily, also the right to be clothed with the legal title, — he was entitled to recover, since, as the court held, the facts could only prevail in equity as against him at the suit of the minors who were not parties to this action.
The grounds for the judgment are quite novel.…
2Cases cited21 opinions
- Lawe v. HydeWisconsin Supreme Court · 1876
- Du Pont v. DavisWisconsin Supreme Court · 1874
- Stowell v. EldredWisconsin Supreme Court · 1876
- Lombard v. CowhamWisconsin Supreme Court · 1874
- Brown v. CohnWisconsin Supreme Court · 1894
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3Cited by4 opinions
- In re the Estate of GreenbergNew York Surrogate's Court · 1931
- Guaranteed Investment Co. v. St. Croix Consolidated Copper Co.Wisconsin Supreme Court · 1914
- George, Admr. v. GeorgeOhio Court of Appeals · 1924
- Otterson v. FraserWisconsin Supreme Court · 1956