Perkins v. Burlington Land & Improvement Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Racine county: FRANK M. Fish, Circuit Judge. This is an action of ejectment commenced May 9, 1900. Roth parties claim title from one Origen Perkins, deceased.
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Appeal from a judgment of the circuit court for Racine county: FRANK M. Fish, Circuit Judge. This is an action of ejectment commenced May 9, 1900. Roth parties claim title from one Origen Perkins, deceased. Issue being joined, and a trial by jury being waived, the cause was tried by the court, and at the close of the trial the court made findings, which, with the undisputed facts, are to the following effect : (1) On March 11, 1850, Origen Perkins was the owner in fee simple of the whole of the lands hereinafter mentioned, and, being about to move to California, and for and in consideration…
1Opinion of the CourtCassoday, C. J.
It is contended by counsel for the appellants that, so far as the estate of the plaintiffs was concerned, the trust deed created a mere passive trust, and that the legal estate vested in each of them, respectively, as he came into being, the same as though no trustee had been named, and hence that the case comes directly within the terms of the statute which declares that
*518“Every person who, by virtue of any grant, assignment or devise, now is or hereafter shall be entitled to the actual possession of lands and the receipt of the rents and profits thereof, in law or inf equity, shall be deemed…
2Cases cited13 opinions
- Kent v. . Church of St. MichaelNew York Court of Appeals · 1892
- Ruth v. OberbrunnerWisconsin Supreme Court · 1876
- Goodrich v. City of MilwaukeeWisconsin Supreme Court · 1869
- Smith v. FordWisconsin Supreme Court · 1880
- Temple v. ScottIllinois Supreme Court · 1892
8 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Buchan v. German American Land Co.Supreme Court of Iowa · 1917
- Patton v. PatrickWisconsin Supreme Court · 1904
- Will of Fitton v. First National Bank & Trust Co. of RacineWisconsin Supreme Court · 1935
- Brown v. HigginsWisconsin Supreme Court · 1923
- Pietsch v. Marshall & Ilsley BankWisconsin Supreme Court · 1916
3 more not listed; retrieve them via the Exa API.