Strœbe v. Fehl
Wisconsin Supreme Court
APPEAL from the' Circuit Court for Washington County. The. complaint avers that from August 21,1845, to February 22, 1866, one Nelson Burst was seized in right of his wife, Eliza Burst, of a certain eighty-acre tract of land in said county, and occupied and cultivated the same; that in December, 1862, plaintiff purchased of him ten acres of growing and standing timber on said land, for $45, and said Burst executed and delivered to him a conveyance of said timber.
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APPEAL from the' Circuit Court for Washington County. The. complaint avers that from August 21,1845, to February 22, 1866, one Nelson Burst was seized in right of his wife, Eliza Burst, of a certain eighty-acre tract of land in said county, and occupied and cultivated the same; that in December, 1862, plaintiff purchased of him ten acres of growing and standing timber on said land, for $45, and said Burst executed and delivered to him a conveyance of said timber. This instrument is set out in the complaint, and omitting the formal parts, recital of consideration, etc., is as follows: “ I have…
1Opinion of the CourtDixoN, C. J.
The title of the husband, the plaintiff’s vendor, is not accurately pleaded, and by the strict rules of the common law, the complaint in this particular would doubtless be bad. It may be so now; but the objection should be taken by demurrer, or motion to make the complaint more definite and certain. The averment is, “ that from the 21st day of August, A.D. 1845, till the 22d day of February, A.D. 1866, one Nelson Burst was seized, in right of *342bis wife, Eliza Burst, of tbe east half,” etc. At common law tbe busband acquires by tbe marriage a freehold estate in tbe lands of tbe wife, but not…
2Cases cited1 opinion
- Leonard v. RoganWisconsin Supreme Court · 1866
3Cited by6 opinions
- Supervisors of Kewaunee County v. DeckerWisconsin Supreme Court · 1872
- Board of Supervisors v. DeckerWisconsin Supreme Court · 1874
- Kinney v. DexterWisconsin Supreme Court · 1892
- Kelley v. KelleyWisconsin Supreme Court · 1891
- Latton v. McCartyWisconsin Supreme Court · 1910
1 more not listed; retrieve them via the Exa API.