Bennett v. Child
Wisconsin Supreme Court
APPEAL from the Circuit Court for Mode County. Action hy John Gf. Bennett and Almira, his wife, to restrain the sheriff from deeding a certain 80 acre tract of land to the other defendants, constituting the firm of Child, Gould & Co., who had purchased the land at a sale on execution against the plaintiff John Gr. Bennett; and to set aside the sale.
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APPEAL from the Circuit Court for Mode County. Action hy John Gf. Bennett and Almira, his wife, to restrain the sheriff from deeding a certain 80 acre tract of land to the other defendants, constituting the firm of Child, Gould & Co., who had purchased the land at a sale on execution against the plaintiff John Gr. Bennett; and to set aside the sale. The court found the facts substantially as follows: That on the 1st of May, 1851, plaintiffs, as husband and wife, purchased the premises jointly, and took a deed running to them both, and entered jointly into possession, and continued jointly to…
1Opinion of the Court
By the Court,
Downbe, J.
The first question presented for consideration in this case is, can the creditors of Bennett seize and sell on execution against him land conveyed to him and his wife? This court held in Ketchum v. Walsworth, 5 Wis., 95, that where an estate is granted to husband and wife they *365take by entireties, and not by moieties ; and that tbe busband could not alienate or incumber tbe estate so as to prevent tbe wife, after bis death, from taking tbe whole as survivor. It is said by tbe learned judge who delivered tbe opinion in that case, that “there can be no partition during…
2Cases cited4 opinions
- Jackson ex dem. Suffern v. McConnellNew York Supreme Court · 1838
- Barber v. HarrisNew York Supreme Court · 1836
- Ketchum v. WalsworthWisconsin Supreme Court · 1856
- Rogers v. GriderCourt of Appeals of Kentucky · 1833
3Cited by21 opinions
- Bertles v. . NunanNew York Court of Appeals · 1883
- Otto F. Stifel's Union Brewing Co. v. SaxySupreme Court of Missouri · 1918
- Hall v. StephensSupreme Court of Missouri · 1877
- Chandler v. CheneyIndiana Supreme Court · 1871
- Sun Mutual Insurance v. Geo. Seeligson & Co.Texas Supreme Court · 1883
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