Sitzman v. Pacquette
Wisconsin Supreme Court
ERROR to tbe Circuit Court for Dane County. This was an action to recover part of section 20, town 8, range 8, in Dane county.
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ERROR to tbe Circuit Court for Dane County. This was an action to recover part of section 20, town 8, range 8, in Dane county. The plaintiffs read in evidence the treaty made between the U. S. and the nation of "Winnebago Indians, on the 1st of August, 1829, by the 5th section of which it was agreed that from the land therein ceded, there should be granted by the U. S., “to be located without the mineral country, under the direction of the President, * * * to Pierre Pacquette two sections,” and several sections to other persons named, with the qualification that said grants were “ not to be…
1Opinion of the CourtPaine, J.
This was an action of ejectment, brought by tbe defendants in error to recover tbe possession of certain lands, wbicb they claim as beirs of Pierre Pac-quette deceased. There is no dispute tbat tbe title was originally in him, for tbe plaintiffs in error claim under a sale by an administrator de bonis non, appointed on bis estate, by tbe probate court of Crawford county. Tbe record showing tbis sale was offered in evidence, but was objected to for several reasons, and among others, because tbe appointment of tbe administrator de bonis non was void. If tbis was so, tbe sale by him, of course,…
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