Kane v. Parker
Wisconsin Supreme Court
APPEAL IN EQUITY PROM THE OIROUIT COURT OP MILWAUKEE COUNTY. This was a bill for partition of real estate, filed by Charles I. Kane, John H. Tweedy and James S. Brown, complainants, against Carl Beckman, Joel Parker, and Benjamin E. Adams, and the unknown owners of lots one, three and six in the northeast quarter of section 21, town 7, range 22. The complainants state that they are seized in fee of the undivided three-eighths of said lots three and six, containing…
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APPEAL IN EQUITY PROM THE OIROUIT COURT OP MILWAUKEE COUNTY. This was a bill for partition of real estate, filed by Charles I. Kane, John H. Tweedy and James S. Brown, complainants, against Carl Beckman, Joel Parker, and Benjamin E. Adams, and the unknown owners of lots one, three and six in the northeast quarter of section 21, town 7, range 22. The complainants state that they are seized in fee of the undivided three-eighths of said lots three and six, containing eighty-nine and a quarter acres, as tenants in common with, the defendants ; but of the interest of the others they are not…
1Opinion of the Court
By the Court,
Cole, J.
The confirmation of the report of the commissioners, and the decree of partition, made on the 10th of April, A. D. 1854, vested the title to the allotted premises in the persons to whom they were severally assigned; and we do not think that the title could be again divested by the motion made at the subsequent term in May. We shall not, in this case, decide what would be the proper application to open a final decree of partition, after the term at which it was entered has past, but we are clear that it cannot be done by mere motion. Section 31, chap. 108, E. S., provides,…
2Cited by11 opinions
- Seitz v. MitchellSupreme Court of the United States · 1877
- Yates v. LawSupreme Court of Virginia · 1889
- Jones v. Reid Adm'rWest Virginia Supreme Court · 1878
- Parker v. KaneSupreme Court of the United States · 1860
- Claude v. HandyCourt of Appeals of Maryland · 1896
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