Legal Opinion

Perkins v. Simonds

Wisconsin Supreme Court

Decided January 15, 1871PublishedCited by 17 opinions

APPEAL from tbe Circuit Court for Waulcesha County. Ejectment, for an undivided balf of certain lands. Tbe' grounds upon which tbe parties severally claimed title, are fully stated in tbe opinion.

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APPEAL from tbe Circuit Court for Waulcesha County. Ejectment, for an undivided balf of certain lands. Tbe' grounds upon which tbe parties severally claimed title, are fully stated in tbe opinion. Tbe defendant appealed from a judgment in plaintiff's favor. argued that tbe first five subdivisions of section 1, cb. 92, R. S., regulate tbe descent of tbe real estate of tbe intestate to bis issue, widow, father, mother, brother and sister, and prescribe tbe circumstances under which tbe estate shall go to them respectively. Tbe language used in tbe first part of this section embraces all tbe…

1Opinion of the CourtLyoN, J.

In the year 1843, John Prescott died intestate, leaving surviving him his widow and their two minor sons, David and Philo John. At the time of his death he was seized *92in'fe'e' of tbe -land wbicb is in controversy in this action. David died in 1845, being unmarried and under twenty-one years of age; and in 1847, tbe widow of John Prescott intermarried witb Reuben Gf. Sawyer, by whom sbe bad two daughters, both of wbom are living. Mrs. Sawyer died intestate in 1857, and in 1868, Pbilo John, wbo was never married, also died intestate. No conveyance of such land was made, or attempted to be made…

2Cited by17 opinions

  1. Estate of KirkendallWisconsin Supreme Court · 1877
  2. Gilfether v. SmithCalifornia Supreme Court · 1901
  3. Amy v. AmyUtah Supreme Court · 1895
  4. Thompson v. SmithSupreme Court of Oklahoma · 1923
  5. Cooper v. Spiro State BankSupreme Court of Oklahoma · 1928

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