Blodgett v. Hitt
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Fond du Lac County. Action by tbe two beirs of a deceased person to recover possession of tbe undivided one-balf of certain lands formerly owned by sucb deceased, with damages, and mesne profits. Tbe defendant claims title under an administrator’s sale and conveyance, and as mortgagee in possession under a mortgage executed by tbe deceased. Tbe pleadings, evidence and charges to tbe jury sufficiently appear in tbe opinion of tbe court.
Read the full summary
APPEAL from tbe Circuit Court for Fond du Lac County. Action by tbe two beirs of a deceased person to recover possession of tbe undivided one-balf of certain lands formerly owned by sucb deceased, with damages, and mesne profits. Tbe defendant claims title under an administrator’s sale and conveyance, and as mortgagee in possession under a mortgage executed by tbe deceased. Tbe pleadings, evidence and charges to tbe jury sufficiently appear in tbe opinion of tbe court. Defendant’s motion for judgment on tbe pleadings, upon tbe ground that bis answer set up a counter-claim wbicb was not…
1Opinion of the CourtLyon, J.
The plaintiffs are the twin children of the late Pearley P. Blodgett, of Fond du Lac county, who died intestate in 1847 or 1848, and are the heirs-at-law to one-half of Ms estate.
Pearley P. Blodgett died seized of the northeast quarter of section 23, in town 14 north, of range 16 east, in said county; and after his decease, the northeast quarter of the quarter section (except about two acres) was assigned to his widow as and for her dower interest in the quarter section.
The widow, and one Jonathan Allen, were appointed admin-istratrix and administrator of the estate of Blodgett; but, by the…
2Cases cited13 opinions
- Grignon's Lessee v. ASTORSupreme Court of the United States · 1844
- Satterlee v. MatthewsonSupreme Court of the United States · 1829
- Bright v. BoydU.S. Circuit Court for the District of Maine · 1841
- Howard v. NorthTexas Supreme Court · 1849
- Vallé's Heirs v. Fleming's HeirsSupreme Court of Missouri · 1859
8 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Cowie v. StrohmeyerWisconsin Supreme Court · 1912
- Platter v. Board of CommissionersIndiana Supreme Court · 1885
- Davis v. GainesSupreme Court of the United States · 1881
- Levy v. MartinWisconsin Supreme Court · 1880
- French v. GrenetTexas Supreme Court · 1881
35 more not listed; retrieve them via the Exa API.