Newman v. Waterman
Wisconsin Supreme Court
APPEAL from the Circuit Court for Clcvrlc, County. The case is thus stated by Mr. Justice Oassoday: “Ejectment.' Solomon W. Newman died November 20, 1881, seized of the land in question. The plaintiff was his son by his first wife, and at the time of his father’s death was his only surviving heir at law, and as such claims to be the owner hi fee-simple absolute, and lawfully entitled to the immediate possession, of the land in question.
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APPEAL from the Circuit Court for Clcvrlc, County. The case is thus stated by Mr. Justice Oassoday: “Ejectment.' Solomon W. Newman died November 20, 1881, seized of the land in question. The plaintiff was his son by his first wife, and at the time of his father’s death was his only surviving heir at law, and as such claims to be the owner hi fee-simple absolute, and lawfully entitled to the immediate possession, of the land in question. The action was commenced and tried in the circuit court for Clark county, in which county the' deceased resided at the time of his death, and in which county…
1Opinion of the Court
The following opinion was filed June 1, 1885:
Cassoday, J.
In ejectment, the party having the legal title, with'the right of immediate possession, must prevail. As sole heir at law of his father, the plaintiff claims such title and right of possession. Both are denied. Had the father died intestate, the plaintiff’s claim would have been manifest. Then he would have shown a right to the possession “ as heir.” Sec. 3019, E. S. But the father did not die intestate. It is admitted that he left a will. By the will he gave, devised, and bequeathed all his estate, both real and personal, to his…
2Cases cited42 opinions
- McArthur v. ScottSupreme Court of the United States · 1885
- Brook v. ChappellWisconsin Supreme Court · 1874
- Davis v. GainesSupreme Court of the United States · 1881
- Colton v. RossNew York Court of Chancery · 1831
- Brush v. WilkinsNew York Court of Chancery · 1820
37 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Crawford v. Southern Railway Co.Supreme Court of Georgia · 1899
- Cawker v. DreutzerWisconsin Supreme Court · 1928
- Barry v. WalkerSupreme Court of Florida · 1931
- In re Valentine's WillWisconsin Supreme Court · 1896
- Lange v. DammierIndiana Supreme Court · 1889
15 more not listed; retrieve them via the Exa API.