Melms v. Pfister
Wisconsin Supreme Court
APPEAL from the Circuit Court for Mihoaulcee County. The case is thus stated by Mr. Justice Cassoday: “This is an action of ejectment commenced Júnelo, 1882, by the children and heirs at law of Charles T. Melms, who died Eebruary 19, 1869, in and a resident of Milwaukee county, seized and possessed of the land in question (and a large amount of other property), and which land the defendant Pfister claims under and by virtue of an executor’s sale, and confirmation thereof,…
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APPEAL from the Circuit Court for Mihoaulcee County. The case is thus stated by Mr. Justice Cassoday: “This is an action of ejectment commenced Júnelo, 1882, by the children and heirs at law of Charles T. Melms, who died Eebruary 19, 1869, in and a resident of Milwaukee county, seized and possessed of the land in question (and a large amount of other property), and which land the defendant Pfister claims under and by virtue of an executor’s sale, and confirmation thereof, made in April, 1870, and an executor’s deed thereof, made June 16, 1870. The-other defendants claim as grantees and…
1Opinion of the CourtCassoday, J.
1. Was the probate of the will a nullity because the notice of the hearing was published in the “Milwaukee Daily Sentinel,” instead of the “Milwaukee Sentinel,” as directed in the order ? The notice was published in pursuance of sec. 18, ch. 97, R. S. 1858 (sec. 3787, R. S.). The foreman was a proper person to make the affidavit, and it seems to have been in - the requisite form. Secs. 67, 70, ch. 137, R. S. 1858 (secs. 4173, 4174, R. S.); Hill v. Hoover, 5 Wis., 354. The only objection made to it is that it was not published in the paper directed. The person making the affidavit testified on…
2Cases cited15 opinions
- O'Dell v. RogersWisconsin Supreme Court · 1878
- Estate of KirkendallWisconsin Supreme Court · 1877
- Murphy v. HanrahanWisconsin Supreme Court · 1880
- Williams v. MitchellWisconsin Supreme Court · 1880
- Marshall v. PinkhamWisconsin Supreme Court · 1881
10 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Scott v. WestWisconsin Supreme Court · 1885
- Meyer v. GarthwaiteWisconsin Supreme Court · 1896
- Miller v. TracyWisconsin Supreme Court · 1893
- Kruczinski v. NeuendorfWisconsin Supreme Court · 1898
- Leach v. LeachWisconsin Supreme Court · 1886
17 more not listed; retrieve them via the Exa API.