Reynolds v. Schmidt
Wisconsin Supreme Court
ERROR to tlie Circuit Court for Jefferson County. The action below was ejectment, commenced May 6th, 1864, by Mary JB. Reynolds against Gottlieb Schmidt, for seven thirty-sixth parts, undivided, of sixty acres of land. The complaint was in the usual form. The defendant, by his answer, claimed to be the owner in fee of the whole of said tract, and entitled to the possession.
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ERROR to tlie Circuit Court for Jefferson County. The action below was ejectment, commenced May 6th, 1864, by Mary JB. Reynolds against Gottlieb Schmidt, for seven thirty-sixth parts, undivided, of sixty acres of land. The complaint was in the usual form. The defendant, by his answer, claimed to be the owner in fee of the whole of said tract, and entitled to the possession. For a farther defense he alleged, that in 1851 one Hiram Hall entered into possession of said land, claiming to be absolute and sole owner thereof in fee, founding his claim upon a deed of conveyance executed 3d June,…
1Opinion of the CourtCole, J.
The simple question in this case is, whether the proceedings of the probate court divested the heirs of Thomas Carroll of the title to the real estate of which he died seized. It is claimed that they did not, for several reasons. In the first place, it is said that the petition of the administrator for license to sell the real estate of the deceased did not contain the special facts necessary to authorize the court to grant the license, because it failed to set forth the amount of the “ personal estate that has come to his hands,” as required by section 2, chap. 65, R. S. 1849. There was an…
2Cited by7 opinions
- Melms v. PfisterWisconsin Supreme Court · 1884
- Mohr v. PorterWisconsin Supreme Court · 1881
- Mohr v. TulipWisconsin Supreme Court · 1876
- Rumrill v. First National BankSupreme Court of Minnesota · 1881
- Chase v. RossWisconsin Supreme Court · 1874
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