Mohr v. Tulip
Wisconsin Supreme Court
APPEAL from the Circuit Court for Walworth County. Ejectment. The answer, in addition to a general denial, relied upon the following facts: On the 6th of February, 1854, the plaintiff was by the county court of said county adjudged to be a lunatic, and one Gaston was duly appointed guardian of his person and property, and qualified and entered upon his duties as such.
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APPEAL from the Circuit Court for Walworth County. Ejectment. The answer, in addition to a general denial, relied upon the following facts: On the 6th of February, 1854, the plaintiff was by the county court of said county adjudged to be a lunatic, and one Gaston was duly appointed guardian of his person and property, and qualified and entered upon his duties as such. Afterwards, about March 10, 1854, Gaston resigned said office, and his resignation was duly accepted by said county court. Plaintiff remained a ward of the court, without any guardian, until about November 9, 1869, when one…
1Opinion of the CourtCole, J.
It is apparent that many of tbe errors or irregularities relied on in this case to annul the sale made by tbe guardian are cured by sec. 62, ch. 94, R. S. That section declares that tbe sale shall not be avoided for mere irregularities, providing certain facts exist or appear. This curative provision has already received some consideration in Reynolds v. Schmidt, 20 Wis., 374; Blackman v. Baumann, 22 id., 611; and Chase v. Boss, 36 id., 267. It applies to tbe present case, and does away with some of tbe objections taken to tbe regularity of tbe proceedings in tbe county court, so far as…
2Cases cited2 opinions
- L'Amoureux v. CrosbyNew York Court of Chancery · 1831
- Reynolds v. SchmidtWisconsin Supreme Court · 1866
3Cited by17 opinions
- Eaves v. MullenSupreme Court of Oklahoma · 1910
- Davis v. GainesSupreme Court of the United States · 1881
- Levy v. MartinWisconsin Supreme Court · 1880
- Seal v. BanesSupreme Court of Oklahoma · 1934
- Walker v. GoldsmithOregon Supreme Court · 1886
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