Zimmer v. Pauley
Wisconsin Supreme Court
APPEAL from .the Circuit Court for Claris County. Action to remove a cloud upon plaintiffs’ title to land. The case is thus stated by Mr. Justice Cassoday: “ The plaintiffs were married in 1872, and lived together as husband and wife in a house on a lot in the village of Hum-bird, Clark county, 'Wisconsin, and occupied the same as a homestead from 1872 to April 10, 1877. March 16, 1877, the plaintiff Philip and one Nicholas Kramer entered into an agreement in writing with…
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APPEAL from .the Circuit Court for Claris County. Action to remove a cloud upon plaintiffs’ title to land. The case is thus stated by Mr. Justice Cassoday: “ The plaintiffs were married in 1872, and lived together as husband and wife in a house on a lot in the village of Hum-bird, Clark county, 'Wisconsin, and occupied the same as a homestead from 1872 to April 10, 1877. March 16, 1877, the plaintiff Philip and one Nicholas Kramer entered into an agreement in writing with Louisa Randall, agreeing to purchase certain brewery lots, with a dwelling-house and a brewery thereon, at or near…
1Opinion of the CourtCassoday, J.
The law, as it stood prior to the revision and while the plaintiffs lived upon the brewery lots at Augusta, was such that they could not acquire' a homestead right therein which would be exempt, for the reason that Philip was only a tenant in common with Kramer, and did not hold in severalty. *285West v. Ward, 26 Wis., 579; Russell v. Lennon, 39 Wis., 570. This, therefore, is. not a case of a choice between two homesteads. It is admitted that the plaintiffs had no homestead to which the exemption laws could apply at Augusta, and the only question is whether they had such homestead at Humbird. In…
2Cases cited9 opinions
- Jarvais v. MoeWisconsin Supreme Court · 1875
- Brettun v. FoxMassachusetts Supreme Judicial Court · 1868
- Russell v. LennonWisconsin Supreme Court · 1876
- West v. WardWisconsin Supreme Court · 1870
- Watkins v. BlatschinskiWisconsin Supreme Court · 1876
4 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Coury v. ProtCourt of Appeals for the Fifth Circuit · 1996
- Scofield v. HopkinsWisconsin Supreme Court · 1884
- Moore v. KruegerCourt of Appeals of Wisconsin · 1993
- Papenthien v. CoerperWisconsin Supreme Court · 1924
- Rumage v. GullbergWisconsin Supreme Court · 2000
7 more not listed; retrieve them via the Exa API.