Stewart v. Stewart
Wisconsin Supreme Court
APPEAL from the Circuit Court for Waulcesha, County. The plaintiff brought ejectment for the undivided half of forty acres of land in the town of Yernon, Waukesha county, and both parties claim title under and through their deceased uncle, Alexander Stewart; and they, with others,— his nephews and the son of a deceased niece,— are his heirs at law, and as such inherited the entirety of the tract in question, unless the title thereto passed by a certain deed thereof from the…
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APPEAL from the Circuit Court for Waulcesha, County. The plaintiff brought ejectment for the undivided half of forty acres of land in the town of Yernon, Waukesha county, and both parties claim title under and through their deceased uncle, Alexander Stewart; and they, with others,— his nephews and the son of a deceased niece,— are his heirs at law, and as such inherited the entirety of the tract in question, unless the title thereto passed by a certain deed thereof from the said Alexander Stewart to the defendant, Archibald A. Stewart, and one James A. Stewart, dated February 3, 1860, under…
1Opinion of the CourtPinney, J.
The judgment in the former case of Stewart v. Stewart, 50 Wis. 445, which was put in evidence by the *368plaintiff, is conclusive upon the title to the tract of land in dispute. All the heirs at law of Alexander Stewart, through and under whom both parties claim title, were the parties to that action. The plaintiff in this action and those of his coheirs under whom he claims were some of the plaintiffs, and the defendant in this action and James A. Stewart, who conveyed, pending that suit, to him his claim under the deed of February 3, 1860, from Alexander Stewart to Archibald A. Stewart and…
2Cases cited10 opinions
- Barr v. Gratz's HeirsSupreme Court of the United States · 1819
- Sydnor v. PalmerWisconsin Supreme Court · 1871
- Lessee of Clymer v. DawkinsSupreme Court of the United States · 1845
- Hoyt v. JonesWisconsin Supreme Court · 1872
- Mabary v. DollarhideSupreme Court of Missouri · 1889
5 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Grayson v. MuckleroySupreme Court of Alabama · 1929
- Moore v. HarjoCourt of Appeals for the Tenth Circuit · 1944
- Stewart v. StewartWisconsin Supreme Court · 1895
- Barton v. MeeksSupreme Court of Arkansas · 1946
- Saladin v. KraayvangereWisconsin Supreme Court · 1897
2 more not listed; retrieve them via the Exa API.