Legal Opinion

Brown v. City of Baraboo

Wisconsin Supreme Court

Decided April 3, 1895PublishedCited by 8 opinions

Appeal from a judgment of the circuit court for Sauk -county: R. G. Siebeckee, Circuit Judge. This is an action of ejectment for the recovery of the un- • divided four-sevenths of an undivided half of a certain parcel of land in the city of Baraboo. George "W. Brown died intestate, seised of the entirety of the premises, December 15,1847, and without any children.

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Appeal from a judgment of the circuit court for Sauk -county: R. G. Siebeckee, Circuit Judge. This is an action of ejectment for the recovery of the un- • divided four-sevenths of an undivided half of a certain parcel of land in the city of Baraboo. George "W. Brown died intestate, seised of the entirety of the premises, December 15,1847, and without any children. Both his father, Chaun-■céy Brown, and his mother, Clarissa Brown, survived him, ¡and the latter predeceased her husband, dying intestate February 26, 1854. The plaintiff, also a son of the said Chauncey and Clarissa Brown, claims…

1Opinion of the CourtPinney, J.

1. It was provided by the statute of descent in force at the time of the death of George W. Brown that “ when any person shall die seised of lands, tenements or hereditaments not by him devised, . . . where there are no children of the intestate, the inheritance shall de*154scend equally to tbe next of kin in equal degree, and those who represent them, computing by the rules of the civil law.” Terr. Stats. 1839, p. 184, § 38. Consanguinity, it is said, is either lineal or collateral. Lineal consanguinity is that which subsists between persons of whom one is descended in a direct line from the…

2Cases cited3 opinions

  1. Ketchum v. WalsworthWisconsin Supreme Court · 1856
  2. Balch v. StoneMassachusetts Supreme Judicial Court · 1889
  3. Snow v. SnowMassachusetts Supreme Judicial Court · 1873

3Cited by8 opinions

  1. Fiedler v. HowardWisconsin Supreme Court · 1898
  2. In Re Cloverleaf Farmer's CooperativeUnited States Bankruptcy Court, D. South Dakota · 1990
  3. Wallace v. St. JohnWisconsin Supreme Court · 1903
  4. Citizens Loan & Trust Co. v. WitteWisconsin Supreme Court · 1902
  5. In re Martin's EstateSupreme Court of Vermont · 1923

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