Howe v. McGivern
Wisconsin Supreme Court
APPEAL from the Circuit Court for La Fayette County. Ejectment, for an undivided three-fourths of forty acres of farming land.
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APPEAL from the Circuit Court for La Fayette County. Ejectment, for an undivided three-fourths of forty acres of farming land. Plaintiffs claimed as heirs-at-law of one Patrick Howe, who died seized of the land, apparently in 1850 or 1851. In December, 1858, one James was appointed administrator of the estate of said Patrick Howe, and defendants claim under a sale of the land made by him,' under a license of the probate court, in July, 1859. The report and inventory of the administrator show, that all the estate of his decedent consisted of the forty-acre tract in question. His petition for…
1Opinion of the CourtPaihe, J.
Both parties admit that the title to the premises in question was in Patrick Howe at. the time of Ms death. The plaintiffs claim the undivided three-fonrths as his heirs-at-law; the defendants claim the whole under his administrator’s sale. It is claimed that this sale was invalid, for the reason that the premises were the homestead of Patrick Howe at the time of his death, and, therefore, not liable to be sold by his administrator. The fact that they were snch homestead was clearly proved, and not disputed. As his death occurred within a year or two after 1850, the exact time not appearing,…
2Cases cited2 opinions
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