Pollard v. Wegener
Wisconsin Supreme Court
ERROR to the Circuit Court for Jefferson County. Ejectment, commenced, in January, 1860. The answer stated that the plaintiff (whose maiden name was Ann Pollard) was married in May, 1849, to one John Dean, who, at or just before the marriage, in consideration thereof, conveyed to her the land in controversy; that on the 1st day of November, 1850, said John obtained a decree in the circuit court of said county of Jefferson, by which the said marriage was dissolved, and said…
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ERROR to the Circuit Court for Jefferson County. Ejectment, commenced, in January, 1860. The answer stated that the plaintiff (whose maiden name was Ann Pollard) was married in May, 1849, to one John Dean, who, at or just before the marriage, in consideration thereof, conveyed to her the land in controversy; that on the 1st day of November, 1850, said John obtained a decree in the circuit court of said county of Jefferson, by which the said marriage was dissolved, and said Ann was directed to re-convey said land to said John, in 20 days, and in default thereof, the decree was to stand as a…
1Opinion of the Court
By the Court,
Dixon, O. J.
The principles adopted in the ease of Rape vs. Heaton, 9 Wis., 328, seem decisive of this action in the form in which it is now presented for our consideration. The broad and rational doctrine that we may, in all cases where a decree or judgment is relied upon as the foundation of a legal right, inquire into the facts which by law are made necessary to the jurisdiction of the court or tribunal by which it was pronounced, and, if it appears that such facts did not exist, disregard such decree or judgment as unauthorized and void, is there asserted, and, as we think, *573mai…
2Cases cited4 opinions
- Starbuck v. MurrayNew York Supreme Court · 1830
- Rape v. HeatonWisconsin Supreme Court · 1859
- Tallman v. ElyWisconsin Supreme Court · 1858
- Wanzer v. HowlandWisconsin Supreme Court · 1859
3Cited by31 opinions
- Harrigan v. GilchristWisconsin Supreme Court · 1904
- Stewart v. StewartWest Virginia Supreme Court · 1885
- Mastin v. GraySupreme Court of Kansas · 1878
- Smoot v. JuddSupreme Court of Missouri · 1904
- Bowyer v. KnappWest Virginia Supreme Court · 1879
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