Hinman v. Hinman
Wisconsin Supreme Court
Appeal from an order of the circuit court for Winnebago county: Geo. W. Bubuell, Circuit Judge. Appeal from order overruling demurrer to a complaint for partition, alleging that plaintiffs and the defendant A. H. Hin-. mam are tenants in common of about 320 acres of land in "Winnebago county, descended to them from Lorenzo Hinman, who died intestate September 16, 1896, two of the plaintiffs being the children and heirs at law of one of the sons of said decedent, their father…
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Appeal from an order of the circuit court for Winnebago county: Geo. W. Bubuell, Circuit Judge. Appeal from order overruling demurrer to a complaint for partition, alleging that plaintiffs and the defendant A. H. Hin-. mam are tenants in common of about 320 acres of land in "Winnebago county, descended to them from Lorenzo Hinman, who died intestate September 16, 1896, two of the plaintiffs being the children and heirs at law of one of the sons of said decedent, their father having died intestate in Oklahoma Territory since said Lorenzo; that the defendant Marion A. Hinman is the widow of…
1Opinion of the CourtDodgke, J.
Whatever limitations existed under old equity rules upon a suit for partition, such suit is maintainable in Wisconsin im the cases where expressly authorized by our statute. Sec. 3101, Stats. 1898, provides:
“All persons holding lands as joint tenants or tenants in common may have partition thereof by civil action in the manner provided in this chapter. Such action may be maintained by any person who has any estate in possession of the lands of which partition is sought, but not by any one who has only an estate therein in remainder or reversion.”
The complaint alleges that the plaintiffs are…
2Cases cited7 opinions
- Jones v. BillsteinWisconsin Supreme Court · 1871
- Campau v. CampauMichigan Supreme Court · 1869
- Flood v. PilgrimWisconsin Supreme Court · 1873
- In re the Estate of PierceWisconsin Supreme Court · 1883
- Marsh v. Board of SupervisorsWisconsin Supreme Court · 1875
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Hancock v. MaynardIndiana Court of Appeals · 1920
- Riedi v. HeinzlWisconsin Supreme Court · 1942
- Estate of Pelishek v. East Wisconsin Trustee Co.Wisconsin Supreme Court · 1934
- Estate of RiemanWisconsin Supreme Court · 1956
- Plano Manufacturing Co. v. KindschiWisconsin Supreme Court · 1907