Lombard v. Cowham
Wisconsin Supreme Court
EEEOE to tbe Circuit Court for Winnebago County. This action below was brought by Lombard to recover the undivided one-half of an eighty acre lot situated in the county' of Eond du Lac. The complaint is in the usual form of complaints in actions of ejectment. The answer is, 1st. A general denial; 2d. The statute of limitations; and Sd. An estoppel.
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EEEOE to tbe Circuit Court for Winnebago County. This action below was brought by Lombard to recover the undivided one-half of an eighty acre lot situated in the county' of Eond du Lac. The complaint is in the usual form of complaints in actions of ejectment. The answer is, 1st. A general denial; 2d. The statute of limitations; and Sd. An estoppel. The circuit court seems to have held that the special answérs were defective, and that no testimony was admissible on behalf of the defendant, except such as was admissible under the general denial alone. It appears that the land in controversy was…
1Opinion of the Court
Lyon, J".
It seems to be conceded that the proceedings in the probate court preliminary to the sale and conveyance of the land in controversy, by the administrator of the estate of Merritt to the grantor of the defendant, are so defective and irregular that they will not support a conveyance, and hence, that the administrator’s deed is void. If that deed is void, the legal title to an undivided half of the land was in Mrs. Clark until she conveyed to the plaintiff in 1870. The circuit court held that if the plaintiff or his agent procured the conveyance from Mrs. Clark by fraudulently…
2Cases cited4 opinions
- In re the Probate of the Will of JackmanWisconsin Supreme Court · 1870
- Kent v. AgardWisconsin Supreme Court · 1869
- Dewey v. HoagNew York Supreme Court · 1853
- Onson v. CownWisconsin Supreme Court · 1867
3Cited by20 opinions
- Lawe v. HydeWisconsin Supreme Court · 1876
- Du Pont v. DavisWisconsin Supreme Court · 1874
- Wisconsin Marine & Fire Insurance Co. Bank v. MannWisconsin Supreme Court · 1898
- Billings v. MannMassachusetts Supreme Judicial Court · 1892
- Dobbs v. KelloggWisconsin Supreme Court · 1881
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