Wilburn v. Land
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: OebeN T. Williaais, Circuit Judge. Action of ejectment tried to the court without a jury.
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Appeal from a judgment of the circuit court for Milwaukee county: OebeN T. Williaais, Circuit Judge. Action of ejectment tried to the court without a jury. Both parties deraign title from John Arquett: plaintiff under a quitclaim deed of an undivided one-half of the premises, expressing a consideration of $1,500, dated December 20, 1902, and recorded March 5, 1903, executed by John Arquett, alone, who at that time was a married man and with his wife occupied the premises in question as a homestead, they being owned in common, one half by Arquett and one half by his wife, and being within the…
1Opinion of the CourtDodge, J.
Legal title or estate, or immediate legal right to possession, are essential prerequisites to the maintenance of an action of ejectment. See. 3074, Stats. (1898); Eaton v. Smith, 19 Wis. 537; Kinney v. Dexter, 81 Wis. 80, 51 N. W. 82; Grindo v. McGee, 111 Wis. 531, 535, 87 N. W. 468. Under sec. 2203, Stats. (1898), the conveyance from John Arquett to the plaintiff of his homestead without his wife’s consent evidenced by her joining in the deed was absolutely void, at least as a conveyance of the legal title. Ferguson v. Mason, 60 Wis. 377, 390, 19 N. W. 420; Whitmore v. Hay, 85 Wis. 240, 250,…
2Cases cited13 opinions
- Ferguson v. MasonWisconsin Supreme Court · 1884
- Mulligan v. AlbertzWisconsin Supreme Court · 1899
- Conrad v. SchwambWisconsin Supreme Court · 1881
- Whitmore v. HayWisconsin Supreme Court · 1893
- Hanson v. MichelsonWisconsin Supreme Court · 1865
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3Cited by2 opinions
- Blatchford v. VossWisconsin Supreme Court · 1929
- Gotfredson Bros. v. DusingWisconsin Supreme Court · 1911