Melms v. Pabst Brewing Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: Eeaistk M. Eish, Judge. This is an action to remove a cloud from the title of certain realty in the city of Milwaukee. The facts are without dispute, and are substantially as follows: Charles T. Melms died February 19,1869, leaving a widow and seven children, of whom the eldest was twenty and the youngest three years of age at that time.
Read the full summary
Appeal from a judgment of the circuit court for Milwaukee county: Eeaistk M. Eish, Judge. This is an action to remove a cloud from the title of certain realty in the city of Milwaukee. The facts are without dispute, and are substantially as follows: Charles T. Melms died February 19,1869, leaving a widow and seven children, of whom the eldest was twenty and the youngest three years of age at that time. He tiwned a tract of land in the city of Milwaukee, of which the northern portion was occupied by a large brewery. On the southern portion,, facing the south, he had constructed a large…
1Opinion of the Court
The following opinions were filed February 18, 1896:
WiNsnow, J.
But two questions were seriously argued by the appellant: (1) Whether Mrs. Melms lost the fee to the homestead by the filing of her petition of November 15, 1869; (2) whether the defendant can assert title as against the heirs under the sheriff’s deed on foreclosure.
1. It is argued that in some way Mrs. Melms’s election to take under the law and not under'the will did not affect the devise of the homestead, but that she retained title to the homestead under the will, while taking dower and personal property under the law; thus…
2Cases cited6 opinions
- Phelan v. BoylanWisconsin Supreme Court · 1870
- Melms v. PfisterWisconsin Supreme Court · 1884
- Eastabrook v. HapgoodMassachusetts Supreme Judicial Court · 1813
- Whitney v. SalterSupreme Court of Minnesota · 1886
- Barrett v. StradlWisconsin Supreme Court · 1889
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- In re Donges's EstateWisconsin Supreme Court · 1899
- In re Locust Bldg. Co.Court of Appeals for the Second Circuit · 1924
- Brokaw v. FairchildNew York Supreme Court · 1929
- Steinberg v. SaltzmanWisconsin Supreme Court · 1907
- Keller v. FenskeWisconsin Supreme Court · 1905
3 more not listed; retrieve them via the Exa API.