Kent v. Agard
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Winnebago County. Ejectment. The defendants appealed from a judgment in plaintiff’s favor. The case is stated ,in the opinion. to the point that ejectment would not lie until after plaintiff had selected the homestead and notified defendants, cited 87 it.
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APPEAL from tbe Circuit Court for Winnebago County. Ejectment. The defendants appealed from a judgment in plaintiff’s favor. The case is stated ,in the opinion. to the point that ejectment would not lie until after plaintiff had selected the homestead and notified defendants, cited 87 it. H., 434; 38 id., 62; 39 id., 478 ; 2 Mich., 466; McQuade v. Whaley, 31 Cal., 526; Himmelmann v. Schmidt, 23 id., 117; 31 Ill., 113; 86 Vt., 238. contended, among other. things, that if the owner deeds an entire quarter section in which he has a homestead, without making his selection, he cannot afterwards…
1Opinion of the CourtPaine, J.
This was an action of ejectment for the south \ of section 9, and the south-west J of section 10, town 19, range 15. The plaintiff claimed title to the entire tract, under a mortgage executed by George Cown, the former owner, together with his wife, upon which there had been a foreclosure and sale. The defendants, however, proved that they were in possession under the heirs of "William Lasley, and that George Cown had, prior to said mortgage, conveyed the whole land, by warranty deed, to said Lasley, in which deed the wife of Cown did not join. It further appeared that Cown’s dwelling house,…
2Cited by8 opinions
- Jaffrey & Co. v. McGoughSupreme Court of Alabama · 1889
- Godfrey v. ThorntonWisconsin Supreme Court · 1879
- Martin v. C. Aultman & Co.Wisconsin Supreme Court · 1891
- Eaton Center Co-operative Cheese Co. v. KalkofenWisconsin Supreme Court · 1932
- Foogman v. PattersonNorth Dakota Supreme Court · 1900
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