McCrubb v. Bray
Wisconsin Supreme Court
APPEAL from the Circuit Court for Iowa County. This action was brought to recover the undividéd one-half of certain real- estate. The plaintiff claims as one of two heirs of John McCrubb, who died intestate in 1855, seized of both moieties of the land described in the complaint. The intestate left a widow, and two infant children, of whom the plaintiff is one.
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APPEAL from the Circuit Court for Iowa County. This action was brought to recover the undividéd one-half of certain real- estate. The plaintiff claims as one of two heirs of John McCrubb, who died intestate in 1855, seized of both moieties of the land described in the complaint. The intestate left a widow, and two infant children, of whom the plaintiff is one. The plaintiff became twenty-one years of age in December, 1871, and commenced this action in April, 1872. The defendant claims title under a deed executed by the administrator of tbe estate of John McCrubb, and tbe facts relating to the…
1Opinion of the CourtLyon, J.
The question first to be determined is, Did the circuit judge err in holding that the administrator’s deed is void, and that the title to the land in controversy is in the plaintiff ? In Chase v. Ross, ante, p. 267, we held that if any of the conditions specified in sec. 62, ch. 94, R. S. (Tay. Stats., 1193, § 62), are wanting, or do not appear by direct proof or legal inference, a sale of land made by an executor, administrator or guardian under that chapter, is void. Applied to this case, one of those conditions is, that the administrator “ gave notice of the time and place of salens in…
2Cases cited1 opinion
- Eaton v. LymanWisconsin Supreme Court · 1873
3Cited by14 opinions
- Harrigan v. GilchristWisconsin Supreme Court · 1904
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- Seal v. BanesSupreme Court of Oklahoma · 1934
- Town of Blooming Grove v. City of MadisonWisconsin Supreme Court · 1957
- Mohr v. PorterWisconsin Supreme Court · 1881
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