Merton v. O'Brien
Wisconsin Supreme Court
Appeal from an order of the circuit court for Ozaukee-county: Jambs J. Dick, Circuit Judge. This is an action in equity to enforce an alleged lien upon certain real property.
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Appeal from an order of the circuit court for Ozaukee-county: Jambs J. Dick, Circuit Judge. This is an action in equity to enforce an alleged lien upon certain real property. The complaint alleges that the plaintiff is the duly appointed and qualified administrator of the estate of one Ellen Landers (born O’Brien), who died July 11, 1880, intestate, leaving issue, and that letters of administration were duly issued to him, as such administrator, June 21, 1902, and that on the same day he was duly authorized by order of the proper county court to bring this action; that said Ellen Landers was…
1Opinion of the CourtWinslow, J.
The essential facts appearing from the complaint are, in brief, that the defendant James O’Brien in February, 1877, and more than twenty years before the commencement of this action, went into possession of certain lands which had been devised to him by his father, subject to the payment of certain cash legacies which were specifically made a lien thereon by the will, and that he has ever since remained in possession thereof, claiming ownership under said will; that one of said cash legacies was in favor of the plaintiff’s intestate, and has never been paid; and that this action is brought to…
2Cases cited13 opinions
- Kane v. BloodgoodNew York Court of Chancery · 1823
- Boyd v. Mutual Fire Ass'nWisconsin Supreme Court · 1903
- Fawcett v. FawcettWisconsin Supreme Court · 1893
- Howell v. HowellWisconsin Supreme Court · 1861
- Wier v. SimmonsWisconsin Supreme Court · 1882
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3Cited by13 opinions
- Pietsch v. MilbrathWisconsin Supreme Court · 1905
- Krahn v. GoodrichWisconsin Supreme Court · 1917
- Osborn v. CurrieWisconsin Supreme Court · 1938
- Pym v. PymWisconsin Supreme Court · 1903
- Steele v. KornWisconsin Supreme Court · 1908
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