Tucker v. Whittlesey
Wisconsin Supreme Court
APPEAL from the Circuit Court for Ashland County. Action by the widow and minor heirs of Charles C. Tucker, against Lucy M. Whittlesey, widow of Asaph Whit-tlesey, and others.
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APPEAL from the Circuit Court for Ashland County. Action by the widow and minor heirs of Charles C. Tucker, against Lucy M. Whittlesey, widow of Asaph Whit-tlesey, and others. Tbe complaint prays that an amicable partition of certain lots in the village of Ashland máde by said Tucker and Whittlesey in December, 1873, be adjudged to be a binding partition and division of said property, and that the rights of the minor plaintiffs therein be established pursuant to said partition, subject to the dower interest of the plaintiff widow, upon payment into court of the amount necessary to redeem of…
1Opinion of the Court
The following opinion was filed February 19, 1889:
Cole, C. J.
The partition made at the July term of the circuit court of Ashland county, in 1877, is directly in the way of the plaintiffs having the relief asked in this case. That judgment attempts to make partition of the real estate between the parties, and, unless it is invalid for some reason, is conclusive as to their rights. It is insisted by the counsel for the respondents that the proceedings in that action are wholly void for several alleged defects.
First, it is said that that partition suit was commenced without summons, which it is…
2Cases cited11 opinions
- Anderson v. CoburnWisconsin Supreme Court · 1871
- Karr v. WashburnWisconsin Supreme Court · 1882
- Stowell v. EldredWisconsin Supreme Court · 1870
- Jones v. CollinsWisconsin Supreme Court · 1863
- Cummings v. TaborWisconsin Supreme Court · 1884
6 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Boring v. OttWisconsin Supreme Court · 1909
- Finley v. Territory of Oklahoma Ex Rel. KeysSupreme Court of Oklahoma · 1903
- English v. AldrichIndiana Supreme Court · 1892
- Begole v. HazzardWisconsin Supreme Court · 1892
- Grady v. MeyerWisconsin Supreme Court · 1931
7 more not listed; retrieve them via the Exa API.